HF 888

CCR-HF0888 - 90th Legislature (2017 - 2018)

Posted on 05/08/2017 10:14 p.m.

1.1CONFERENCE COMMITTEE REPORT ON H. F. No. 888 1.2A bill for an act 1.3relating to state government; appropriating money for environment, natural 1.4resources, and tourism purposes; modifying fees; creating accounts; providing for 1.5disposition of certain receipts; modifying grant, contract, and lease provisions; 1.6modifying water safety provisions; modifying provisions to take, possess, and 1.7transport wildlife; modifying duties and authority; providing for no net gain of 1.8state lands; modifying buffer requirements; modifying wetland provisions; 1.9modifying invasive species provisions; modifying off-highway vehicle provisions; 1.10modifying permit and license requirements; modifying Petroleum Tank Release 1.11Cleanup Act; extending ban on open air swine basins; modifying environmental 1.12review; modifying Environmental Quality Board; requiring reports; requiring 1.13rulemaking;amending Minnesota Statutes 2016, sections 84.01, by adding a 1.14subdivision; 84.027, subdivisions 14a, 14b, by adding subdivisions; 84.788, 1.15subdivision 2; 84.793, subdivision 1; 84.82, subdivision 2; 84.925, subdivision 1; 1.1684.9256, subdivisions 1, 2; 84.946, subdivision 2, by adding a subdivision; 84.992, 1.17subdivisions 3, 4, 5, 6; 84D.03, subdivisions 3, 4; 84D.04, subdivision 1; 84D.05, 1.18subdivision 1; 84D.108, subdivision 2a, by adding a subdivision; 84D.11, by adding 1.19a subdivision; 85.052, subdivision 1; 85.054, by adding a subdivision; 85.055, 1.20subdivision 1; 85.22, subdivision 2a; 85.32, subdivision 1; 86B.313, subdivision 1.211; 86B.511; 86B.701, subdivision 3; 88.01, subdivision 28; 88.523; 89.39; 90.01, 1.22subdivisions 8, 12, by adding a subdivision; 90.041, subdivision 2; 90.051; 90.101, 1.23subdivision 2; 90.14; 90.145, subdivision 2; 90.151, subdivision 1; 90.162; 90.252; 1.2493.47, subdivision 4; 93.481, subdivision 2; 93.50; 94.343, subdivision 9; 94.344, 1.25subdivision 9; 97A.015, subdivisions 39, 43, 45, 52, 53; 97A.045, subdivision 10; 1.2697A.075, subdivision 1; 97A.137, subdivision 5; 97A.201, subdivision 2, by adding 1.27a subdivision; 97A.301, subdivision 1; 97A.338; 97A.420, subdivision 1; 97A.421, 1.28subdivision 2a; 97B.031, subdivision 6; 97B.516; 97B.655, subdivision 1; 97C.401, 1.29subdivision 2; 97C.501, subdivision 1; 97C.701, by adding a subdivision; 103B.101, 1.30subdivision 12a; 103F.411, subdivision 1; 103F.48, subdivisions 1, 3, 7; 103G.005, 1.31subdivisions 10b, 10h, by adding a subdivision; 103G.222, subdivisions 1, 3; 1.32103G.2242, subdivision 2; 103G.2372, subdivision 1; 103G.271, subdivisions 1, 1.336, 6a, 7, by adding a subdivision; 103G.287, subdivisions 1, 4; 103G.411; 114D.25, 1.34by adding a subdivision; 115B.41, subdivision 1; 115B.421; 115C.021, subdivision 1.351, by adding a subdivision; 116.03, subdivision 2b, by adding subdivisions; 116.07, 1.36subdivision 4d, by adding subdivisions; 116.0714; 116C.03, subdivision 2; 116C.04, 1.37subdivision 2; 116D.04, subdivisions 2a, 10; 116D.045, subdivision 1; 160.06; 1.38168.1295, subdivision 1; 296A.18, subdivision 6a; Laws 2013, chapter 114, article 1.394, section 105; Laws 2015, First Special Session chapter 4, article 4, section 136; 1.40Laws 2016, chapter 189, article 3, sections 6; 26; 46; proposing coding for new 1.41law in Minnesota Statutes, chapters 15; 85; 93; 97B; 115; 115B; repealing 1.42Minnesota Statutes 2016, sections 84.026, subdivision 3; 97B.031, subdivision 5; 2.197C.701, subdivisions 1a, 6; 97C.705; 97C.711; 116C.04, subdivisions 3, 4; 2.2Minnesota Rules, parts 6258.0100; 6258.0200; 6258.0300; 6258.0400; 6258.0500; 2.36258.0600; 6258.0700, subparts 1, 4, 5; 6258.0800; 6258.0900. 2.4May 8, 2017 2.5The Honorable Kurt L. Daudt 2.6Speaker of the House of Representatives 2.7The Honorable Michelle L. Fischbach 2.8President of the Senate 2.9We, the undersigned conferees for H. F. No. 888 report that we have agreed upon the 2.10items in dispute and recommend as follows: 2.11That the Senate recede from its amendment and that H. F. No. 888 be further amended 2.12as follows: 2.13Delete everything after the enacting clause and insert: 2.14"ARTICLE 1 2.15ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS 2.16 Section 1. new text begin ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS. new text end 2.17     new text begin The sums shown in the columns marked "Appropriations" are appropriated to the agencies new text end 2.18 new text begin and for the purposes specified in this article. The appropriations are from the general fund, new text end 2.19 new text begin or another named fund, and are available for the fiscal years indicated for each purpose. new text end 2.20 new text begin The figures "2018" and "2019" used in this article mean that the appropriations listed under new text end 2.21 new text begin them are available for the fiscal year ending June 30, 2018, or June 30, 2019, respectively. new text end 2.22 new text begin "The first year" is fiscal year 2018. "The second year" is fiscal year 2019. "The biennium" new text end 2.23 new text begin is fiscal years 2018 and 2019. Appropriations for the fiscal year ending June 30, 2017, are new text end 2.24 new text begin effective the day following final enactment. new text end 2.25 new text begin APPROPRIATIONS new text end 2.26 new text begin Available for the Year new text end 2.27 new text begin Ending June 30 new text end 2.28 new text begin 2018 new text end new text begin 2019 new text end 2.29 Sec. 2. new text begin POLLUTION CONTROL AGENCY new text end 2.30 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin new text end new text begin 96,036,000 new text end new text begin $ new text end new text begin 91,666,000 new text end 2.31 new text begin Appropriations by Fund new text end 2.32 new text begin 2018 new text end new text begin 2019 new text end 2.33 2.34 new text begin State Government new text end new text begin Special Revenue new text end new text begin 75,000 new text end new text begin 75,000 new text end 2.35 new text begin Environmental new text end new text begin new text end new text begin 80,527,000 new text end new text begin 80,157,000 new text end 3.1 new text begin Remediation new text end new text begin 11,434,000 new text end new text begin 11,434,000 new text end 3.2 3.3 new text begin Closed Landfill new text end new text begin Investment new text end new text begin 4,000,000 new text end new text begin -0- new text end 3.4 new text begin The amounts that may be spent for each new text end 3.5 new text begin purpose are specified in the following new text end 3.6 new text begin subdivisions. new text end 3.7 new text begin The commissioner must present the agency's new text end 3.8 new text begin biennial budget for fiscal years 2020 and 2021 new text end 3.9 new text begin to the legislature in a transparent way by new text end 3.10 new text begin agency division, including the proposed new text end 3.11 new text begin budget bill and presentations of the budget to new text end 3.12 new text begin committees and divisions with jurisdiction new text end 3.13 new text begin over the agency's budget. new text end 3.14 new text begin Subd. 2. new text end new text begin Environmental Analysis and Outcomes new text end new text begin 12,547,000 new text end new text begin 12,497,000 new text end 3.15 new text begin Appropriations by Fund new text end 3.16 new text begin 2018 new text end new text begin 2019 new text end 3.17 new text begin Environmental new text end new text begin 12,366,000 new text end new text begin 12,316,000 new text end 3.18 new text begin Remediation new text end new text begin 181,000 new text end new text begin 181,000 new text end 3.19 new text begin (a) $88,000 the first year and $88,000 the new text end 3.20 new text begin second year are from the environmental fund new text end 3.21 new text begin for: new text end 3.22 new text begin (1) a municipal liaison to assist municipalities new text end 3.23 new text begin in implementing and participating in the new text end 3.24 new text begin water-quality standards rulemaking process new text end 3.25 new text begin and navigating the NPDES/SDS permitting new text end 3.26 new text begin process; new text end 3.27 new text begin (2) enhanced economic analysis in the new text end 3.28 new text begin water-quality standards rulemaking process, new text end 3.29 new text begin including more-specific analysis and new text end 3.30 new text begin identification of cost-effective permitting; new text end 3.31 new text begin (3) developing statewide economic analyses new text end 3.32 new text begin and templates to reduce the amount of new text end 3.33 new text begin information and time required for new text end 4.1 new text begin municipalities to apply for variances from new text end 4.2 new text begin water-quality standards; and new text end 4.3 new text begin (4) coordinating with the Public Facilities new text end 4.4 new text begin Authority to identify and advocate for the new text end 4.5 new text begin resources needed for municipalities to achieve new text end 4.6 new text begin permit requirements. new text end 4.7 new text begin (b) $204,000 the first year and $204,000 the new text end 4.8 new text begin second year are from the environmental fund new text end 4.9 new text begin for a monitoring program under Minnesota new text end 4.10 new text begin Statutes, section 116.454. new text end 4.11 new text begin (c) $346,000 the first year and $346,000 the new text end 4.12 new text begin second year are from the environmental fund new text end 4.13 new text begin for monitoring ambient air for hazardous new text end 4.14 new text begin pollutants. new text end 4.15 new text begin (d) $90,000 the first year and $90,000 the new text end 4.16 new text begin second year are from the environmental fund new text end 4.17 new text begin for duties related to harmful chemicals in new text end 4.18 new text begin children's products under Minnesota Statutes, new text end 4.19 new text begin sections 116.9401 to 116.9407. Of this new text end 4.20 new text begin amount, $57,000 each year is transferred to new text end 4.21 new text begin the commissioner of health. new text end 4.22 new text begin (e) $109,000 the first year and $109,000 the new text end 4.23 new text begin second year are from the environmental fund new text end 4.24 new text begin for registration of wastewater laboratories. new text end 4.25 new text begin (f) $913,000 the first year and $913,000 the new text end 4.26 new text begin second year are from the environmental fund new text end 4.27 new text begin to continue perfluorochemical biomonitoring new text end 4.28 new text begin in eastern-metropolitan communities, as new text end 4.29 new text begin recommended by the Environmental Health new text end 4.30 new text begin Tracking and Biomonitoring Advisory Panel, new text end 4.31 new text begin and address other environmental health risks, new text end 4.32 new text begin including air quality. The communities must new text end 4.33 new text begin include Hmong and other immigrant farming new text end 4.34 new text begin communities. Of this amount, up to $677,000 new text end 5.1 new text begin the first year and $677,000 the second year new text end 5.2 new text begin are for transfer to the Department of Health. new text end 5.3 new text begin (g) $100,000 the first year and $50,000 the new text end 5.4 new text begin second year are from the environmental fund new text end 5.5 new text begin for impaired waters listing procedures required new text end 5.6 new text begin under this act. new text end 5.7 new text begin Subd. 3. new text end new text begin Industrial new text end new text begin 13,509,000 new text end new text begin 13,508,000 new text end 5.8 new text begin Appropriations by Fund new text end 5.9 new text begin 2018 new text end new text begin 2019 new text end 5.10 new text begin Environmental new text end new text begin 12,979,000 new text end new text begin 12,978,000 new text end 5.11 new text begin Remediation new text end new text begin 530,000 new text end new text begin 530,000 new text end 5.12 new text begin $530,000 the first year and $530,000 the new text end 5.13 new text begin second year are from the remediation fund for new text end 5.14 new text begin the leaking underground storage tank program new text end 5.15 new text begin to investigate, clean up, and prevent future new text end 5.16 new text begin releases from underground petroleum storage new text end 5.17 new text begin tanks and to the petroleum remediation new text end 5.18 new text begin program for vapor assessment and new text end 5.19 new text begin remediation. These same annual amounts are new text end 5.20 new text begin transferred from the petroleum tank fund to new text end 5.21 new text begin the remediation fund. new text end 5.22 new text begin Subd. 4. new text end new text begin Municipal new text end new text begin 6,625,000 new text end new text begin 6,624,000 new text end 5.23 new text begin (a) $162,000 the first year and $162,000 the new text end 5.24 new text begin second year are from the environmental fund new text end 5.25 new text begin for: new text end 5.26 new text begin (1) a municipal liaison to assist municipalities new text end 5.27 new text begin in implementing and participating in the new text end 5.28 new text begin water-quality standards rulemaking process new text end 5.29 new text begin and navigating the NPDES/SDS permitting new text end 5.30 new text begin process; new text end 5.31 new text begin (2) enhanced economic analysis in the new text end 5.32 new text begin water-quality standards rulemaking process, new text end 5.33 new text begin including more specific analysis and new text end 5.34 new text begin identification of cost-effective permitting; new text end 6.1 new text begin (3) development of statewide economic new text end 6.2 new text begin analyses and templates to reduce the amount new text end 6.3 new text begin of information and time required for new text end 6.4 new text begin municipalities to apply for variances from new text end 6.5 new text begin water quality standards; and new text end 6.6 new text begin (4) coordinating with the Public Facilities new text end 6.7 new text begin Authority to identify and advocate for the new text end 6.8 new text begin resources needed for municipalities to achieve new text end 6.9 new text begin permit requirements. new text end 6.10 new text begin (b) $50,000 the first year and $50,000 the new text end 6.11 new text begin second year are from the environmental fund new text end 6.12 new text begin for transfer to the Office of Administrative new text end 6.13 new text begin Hearings to establish sanitary districts. new text end 6.14 new text begin (c) $615,000 the first year and $614,000 the new text end 6.15 new text begin second year are from the environmental fund new text end 6.16 new text begin for subsurface sewage treatment system new text end 6.17 new text begin (SSTS) program administration and new text end 6.18 new text begin community technical assistance and education, new text end 6.19 new text begin including grants and technical assistance to new text end 6.20 new text begin communities for water-quality protection. Of new text end 6.21 new text begin this amount, $129,000 each year is for new text end 6.22 new text begin assistance to counties through grants for SSTS new text end 6.23 new text begin program administration. A county receiving new text end 6.24 new text begin a grant from this appropriation must submit new text end 6.25 new text begin the results achieved with the grant to the new text end 6.26 new text begin commissioner as part of its annual SSTS new text end 6.27 new text begin report. Any unexpended balance in the first new text end 6.28 new text begin year does not cancel but is available in the new text end 6.29 new text begin second year. new text end 6.30 new text begin (d) $639,000 the first year and $640,000 the new text end 6.31 new text begin second year are from the environmental fund new text end 6.32 new text begin to address the need for continued increased new text end 6.33 new text begin activity in the areas of new technology review, new text end 6.34 new text begin technical assistance for local governments, new text end 6.35 new text begin and enforcement under Minnesota Statutes, new text end 7.1 new text begin sections 115.55 to 115.58, and to complete the new text end 7.2 new text begin requirements of Laws 2003, chapter 128, new text end 7.3 new text begin article 1, section 165. new text end 7.4 new text begin (e) Notwithstanding Minnesota Statutes, new text end 7.5 new text begin section 16A.28, the appropriations new text end 7.6 new text begin encumbered on or before June 30, 2019, as new text end 7.7 new text begin grants or contracts for subsurface sewage new text end 7.8 new text begin treatment systems, surface water and new text end 7.9 new text begin groundwater assessments, storm water, and new text end 7.10 new text begin water-quality protection in this subdivision new text end 7.11 new text begin are available until June 30, 2022. new text end 7.12 new text begin Subd. 5. new text end new text begin Operations new text end new text begin 5,339,000 new text end new text begin 5,040,000 new text end 7.13 new text begin Appropriations by Fund new text end 7.14 new text begin 2018 new text end new text begin 2019 new text end 7.15 new text begin Environmental new text end new text begin 4,575,000 new text end new text begin 4,275,000 new text end 7.16 new text begin Remediation new text end new text begin 764,000 new text end new text begin 765,000 new text end 7.17 new text begin (a) $174,000 the first year and $174,000 the new text end 7.18 new text begin second year are from the remediation fund for new text end 7.19 new text begin purposes of the leaking underground storage new text end 7.20 new text begin tank program to investigate, clean up, and new text end 7.21 new text begin prevent future releases from underground new text end 7.22 new text begin petroleum storage tanks, and to the petroleum new text end 7.23 new text begin remediation program for vapor assessment new text end 7.24 new text begin and remediation. These same annual amounts new text end 7.25 new text begin are transferred from the petroleum tank fund new text end 7.26 new text begin to the remediation fund. new text end 7.27 new text begin (b) $400,000 the first year and $400,000 the new text end 7.28 new text begin second year are from the environmental fund new text end 7.29 new text begin to develop and maintain systems to support new text end 7.30 new text begin permitting and regulatory business processes new text end 7.31 new text begin and agency data. new text end new text begin new text end 7.32 new text begin (c) $300,000 the first year is from the new text end 7.33 new text begin environmental fund for a grant to the new text end 7.34 new text begin Metropolitan Council under Minnesota new text end 7.35 new text begin Statutes, section 116.195, for wastewater new text end 8.1 new text begin infrastructure to support waste to biofuel new text end 8.2 new text begin development. This is a onetime appropriation new text end 8.3 new text begin and is available until June 30, 2019. new text end 8.4 new text begin Subd. 6. new text end new text begin Remediation new text end new text begin 14,645,000 new text end new text begin 10,644,000 new text end 8.5 new text begin Appropriations by Fund new text end 8.6 new text begin 2018 new text end new text begin 2019 new text end 8.7 new text begin Environmental new text end new text begin 904,000 new text end new text begin 904,000 new text end 8.8 new text begin Remediation new text end new text begin 9,741,000 new text end new text begin 9,740,000 new text end 8.9 8.10 new text begin Closed Landfill new text end new text begin Investment new text end new text begin 4,000,000 new text end new text begin -0- new text end 8.11 new text begin (a) All money for environmental response, new text end 8.12 new text begin compensation, and compliance in the new text end 8.13 new text begin remediation fund not otherwise appropriated new text end 8.14 new text begin is appropriated to the commissioners of the new text end 8.15 new text begin Pollution Control Agency and agriculture for new text end 8.16 new text begin purposes of Minnesota Statutes, section new text end 8.17 new text begin 115B.20, subdivision 2, clauses (1), (2), (3), new text end 8.18 new text begin (6), and (7). At the beginning of each fiscal new text end 8.19 new text begin year, the two commissioners shall jointly new text end 8.20 new text begin submit an annual spending plan to the new text end 8.21 new text begin commissioner of management and budget that new text end 8.22 new text begin maximizes the use of resources and new text end 8.23 new text begin appropriately allocates the money between the new text end 8.24 new text begin two departments. This appropriation is new text end 8.25 new text begin available until June 30, 2019. new text end 8.26 new text begin (b) $432,000 the first year and $432,000 the new text end 8.27 new text begin second year are from the environmental fund new text end 8.28 new text begin to manage contaminated sediment projects at new text end 8.29 new text begin multiple sites identified in the St. Louis River new text end 8.30 new text begin remedial action plan to restore water quality new text end 8.31 new text begin in the St. Louis River area of concern. The new text end 8.32 new text begin base budget for fiscal year 2020 is $432,000 new text end 8.33 new text begin and for fiscal year 2021 is $0. new text end 8.34 new text begin (c) $3,521,000 the first year and $3,520,000 new text end 8.35 new text begin the second year are from the remediation fund new text end 9.1 new text begin for purposes of the leaking underground new text end 9.2 new text begin storage tank program to investigate, clean up, new text end 9.3 new text begin and prevent future releases from underground new text end 9.4 new text begin petroleum storage tanks, and to the petroleum new text end 9.5 new text begin remediation program for purposes of vapor new text end 9.6 new text begin assessment and remediation. These same new text end 9.7 new text begin annual amounts are transferred from the new text end 9.8 new text begin petroleum tank fund to the remediation fund. new text end 9.9 new text begin (d) $252,000 the first year and $252,000 the new text end 9.10 new text begin second year are from the remediation fund for new text end 9.11 new text begin transfer to the commissioner of health for new text end 9.12 new text begin private water-supply monitoring and health new text end 9.13 new text begin assessment costs in areas contaminated by new text end 9.14 new text begin unpermitted mixed municipal solid waste new text end 9.15 new text begin disposal facilities and drinking water new text end 9.16 new text begin advisories and public information activities new text end 9.17 new text begin for areas contaminated by hazardous releases. new text end 9.18 new text begin (e) Notwithstanding Minnesota Statutes, new text end 9.19 new text begin section 115B.421, $4,000,000 the first year is new text end 9.20 new text begin from the closed landfill investment fund for new text end 9.21 new text begin remedial investigations, feasibility studies, new text end 9.22 new text begin engineering, and cleanup-related activities for new text end 9.23 new text begin purposes of environmental response actions new text end 9.24 new text begin at a priority qualified facility under Minnesota new text end 9.25 new text begin Statutes, section 115B.406. By January 15, new text end 9.26 new text begin 2018, the commissioner must submit a status new text end 9.27 new text begin report to the chairs and ranking minority new text end 9.28 new text begin members of the house of representatives and new text end 9.29 new text begin senate committees and divisions with new text end 9.30 new text begin jurisdiction over the environment and natural new text end 9.31 new text begin resources. This is a onetime appropriation and new text end 9.32 new text begin is available until June 30, 2019. new text end 9.33 new text begin Subd. 7. new text end new text begin Resource Management and Assistance new text end new text begin 33,137,000 new text end new text begin 33,119,000 new text end 9.34 new text begin Appropriations by Fund new text end 9.35 new text begin 2018 new text end new text begin 2019 new text end 10.1 10.2 new text begin State Government new text end new text begin Special Revenue new text end new text begin 75,000 new text end new text begin 75,000 new text end 10.3 new text begin Environmental new text end new text begin 33,062,000 new text end new text begin 33,044,000 new text end 10.4 new text begin (a) Up to $150,000 the first year and $150,000 new text end 10.5 new text begin the second year may be transferred from the new text end 10.6 new text begin environmental fund to the small business new text end 10.7 new text begin environmental improvement loan account new text end 10.8 new text begin established in Minnesota Statutes, section new text end 10.9 new text begin 116.993. new text end 10.10 new text begin (b) $500,000 the first year and $500,000 the new text end 10.11 new text begin second year are from the environmental fund new text end 10.12 new text begin for competitive recycling grants under new text end 10.13 new text begin Minnesota Statutes, section 115A.565. This new text end 10.14 new text begin appropriation is available until June 30, 2021. new text end 10.15 new text begin Any unencumbered grant and loan balances new text end 10.16 new text begin in the first year do not cancel but are available new text end 10.17 new text begin for grants and loans in the second year. new text end 10.18 new text begin (c) $693,000 the first year and $693,000 the new text end 10.19 new text begin second year are from the environmental fund new text end 10.20 new text begin for emission reduction activities and grants to new text end 10.21 new text begin small businesses and other nonpoint emission new text end 10.22 new text begin reduction efforts. Any unencumbered grant new text end 10.23 new text begin and loan balances in the first year do not new text end 10.24 new text begin cancel but are available for grants and loans new text end 10.25 new text begin in the second year. new text end 10.26 new text begin (d) $19,750,000 the first year and $19,750,000 new text end 10.27 new text begin the second year are from the environmental new text end 10.28 new text begin fund for SCORE block grants to counties. new text end 10.29 new text begin (e) $119,000 the first year and $119,000 the new text end 10.30 new text begin second year are from the environmental fund new text end 10.31 new text begin for environmental assistance grants or loans new text end 10.32 new text begin under Minnesota Statutes, section 115A.0716. new text end 10.33 new text begin Any unencumbered grant and loan balances new text end 10.34 new text begin in the first year do not cancel but are available new text end 10.35 new text begin for grants and loans in the second year. new text end 11.1 new text begin (f) $68,000 the first year and $69,000 the new text end 11.2 new text begin second year are from the environmental fund new text end 11.3 new text begin for subsurface sewage treatment system new text end 11.4 new text begin (SSTS) program administration and new text end 11.5 new text begin community technical assistance and education, new text end 11.6 new text begin including grants and technical assistance to new text end 11.7 new text begin communities for water-quality protection. new text end 11.8 new text begin (g) $125,000 the first year and $126,000 the new text end 11.9 new text begin second year are from the environmental fund new text end 11.10 new text begin to address the need for continued increased new text end 11.11 new text begin activity in the areas of new technology review, new text end 11.12 new text begin technical assistance for local governments, new text end 11.13 new text begin and enforcement under Minnesota Statutes, new text end 11.14 new text begin sections 115.55 to 115.58, and to complete the new text end 11.15 new text begin requirements of Laws 2003, chapter 128, new text end 11.16 new text begin article 1, section 165. new text end 11.17 new text begin (h) All money deposited in the environmental new text end 11.18 new text begin fund for the metropolitan solid waste landfill new text end 11.19 new text begin fee in accordance with Minnesota Statutes, new text end 11.20 new text begin section 473.843, and not otherwise new text end 11.21 new text begin appropriated, is appropriated for the purposes new text end 11.22 new text begin of Minnesota Statutes, section 473.844. new text end 11.23 new text begin (i) Notwithstanding Minnesota Statutes, new text end 11.24 new text begin section 16A.28, the appropriations new text end 11.25 new text begin encumbered on or before June 30, 2019, as new text end 11.26 new text begin contracts or grants for environmental new text end 11.27 new text begin assistance awarded under Minnesota Statutes, new text end 11.28 new text begin section 115A.0716; technical and research new text end 11.29 new text begin assistance under Minnesota Statutes, section new text end 11.30 new text begin 115A.152; technical assistance under new text end 11.31 new text begin Minnesota Statutes, section 115A.52; and new text end 11.32 new text begin pollution prevention assistance under new text end 11.33 new text begin Minnesota Statutes, section 115D.04, are new text end 11.34 new text begin available until June 30, 2021. new text end 12.1 new text begin (j) $20,000 the first year is from the new text end 12.2 new text begin environmental fund for four grants to local new text end 12.3 new text begin units of government to assist with plastic bag new text end 12.4 new text begin recycling efforts. Two of the grants must be new text end 12.5 new text begin for local units of government in urban areas new text end 12.6 new text begin and two of the grants to local units of new text end 12.7 new text begin government in rural areas of the state. By new text end 12.8 new text begin January 15, 2018, grantees shall report to the new text end 12.9 new text begin commissioner on the activities and results of new text end 12.10 new text begin their efforts to increase plastic bag recycling. new text end 12.11 new text begin This is a onetime appropriation. new text end 12.12 new text begin Subd. 8. new text end new text begin Watershed new text end new text begin new text end new text begin 9,220,000 new text end new text begin 9,220,000 new text end 12.13 new text begin Appropriations by Fund new text end 12.14 new text begin 2018 new text end new text begin 2019 new text end 12.15 new text begin Environmental new text end new text begin new text end new text begin 9,002,000 new text end new text begin 9,002,000 new text end 12.16 new text begin Remediation new text end new text begin 218,000 new text end new text begin 218,000 new text end 12.17 new text begin (a) $1,959,000 the first year and $1,959,000 new text end 12.18 new text begin the second year are from the environmental new text end 12.19 new text begin fund for grants to delegated counties to new text end 12.20 new text begin administer the county feedlot program under new text end 12.21 new text begin Minnesota Statutes, section 116.0711, new text end 12.22 new text begin subdivisions 2 and 3. Money remaining after new text end 12.23 new text begin the first year is available for the second year. new text end 12.24 new text begin (b) $207,000 the first year and $207,000 the new text end 12.25 new text begin second year are from the environmental fund new text end 12.26 new text begin for the costs of implementing general new text end 12.27 new text begin operating permits for feedlots over 1,000 new text end 12.28 new text begin animal units. new text end 12.29 new text begin (c) $118,000 the first year and $118,000 the new text end 12.30 new text begin second year are from the remediation fund for new text end 12.31 new text begin purposes of the leaking underground storage new text end 12.32 new text begin tank program to investigate, clean up, and new text end 12.33 new text begin prevent future releases from underground new text end 12.34 new text begin petroleum storage tanks, and to the petroleum new text end 12.35 new text begin remediation program for vapor assessment new text end 13.1 new text begin and remediation. These same annual amounts new text end 13.2 new text begin are transferred from the petroleum tank fund new text end 13.3 new text begin to the remediation fund. new text end 13.4 new text begin Subd. 9. new text end new text begin Environmental Quality Board new text end new text begin 1,014,000 new text end new text begin 1,014,000 new text end 13.5 new text begin (a) $511,000 the first year and $511,000 the new text end 13.6 new text begin second year are from the environmental fund new text end 13.7 new text begin for Environmental Quality Board operations new text end 13.8 new text begin and support. new text end 13.9 new text begin (b) $503,000 the first year and $503,000 the new text end 13.10 new text begin second year are from the environmental fund new text end 13.11 new text begin for the Environmental Quality Board to lead new text end 13.12 new text begin an interagency team to provide technical new text end 13.13 new text begin assistance regarding the mining, processing, new text end 13.14 new text begin and transporting of silica sand. Of this amount, new text end 13.15 new text begin up to $75,000 each year may be transferred to new text end 13.16 new text begin the commissioner of natural resources to new text end 13.17 new text begin review the implementation of the rules adopted new text end 13.18 new text begin by the commissioner pursuant to Laws 2013, new text end 13.19 new text begin chapter 114, article 4, section 105, paragraph new text end 13.20 new text begin (b), pertaining to the reclamation of silica sand new text end 13.21 new text begin mines, to ensure that local government new text end 13.22 new text begin reclamation programs are implemented in a new text end 13.23 new text begin manner consistent with the rules. new text end 13.24 new text begin Subd. 10. new text end new text begin Transfers new text end 13.25 new text begin (a) The commissioner shall transfer up to new text end 13.26 new text begin $34,000,000 from the environmental fund to new text end 13.27 new text begin the remediation fund for the purposes of the new text end 13.28 new text begin remediation fund under Minnesota Statutes, new text end 13.29 new text begin section 116.155, subdivision 2. new text end 13.30 new text begin (b) The commissioner shall transfer new text end 13.31 new text begin $2,800,000 in fiscal year 2018 and $2,500,000 new text end 13.32 new text begin in fiscal year 2019 and each year thereafter new text end 13.33 new text begin from the environmental fund in Minnesota new text end 13.34 new text begin Statutes, section 16A.531, to the commissioner new text end 14.1 new text begin of management and budget for deposit in the new text end 14.2 new text begin general fund. new text end 14.3 Sec. 3. new text begin NATURAL RESOURCES new text end 14.4 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 273,360,000 new text end new text begin $ new text end new text begin 270,668,000 new text end 14.5 new text begin Appropriations by Fund new text end 14.6 new text begin 2018 new text end new text begin 2019 new text end 14.7 new text begin General new text end new text begin 79,515,000 new text end new text begin 77,173,000 new text end 14.8 new text begin Natural Resources new text end new text begin 95,253,000 new text end new text begin 94,953,000 new text end 14.9 new text begin Game and Fish new text end new text begin 98,292,000 new text end new text begin 98,242,000 new text end 14.10 new text begin Remediation new text end new text begin 100,000 new text end new text begin 100,000 new text end 14.11 new text begin Permanent School new text end new text begin 200,000 new text end new text begin 200,000 new text end 14.12 new text begin The amounts that may be spent for each new text end 14.13 new text begin purpose are specified in the following new text end 14.14 new text begin subdivisions. new text end 14.15 14.16 new text begin Subd. 2. new text end new text begin Land and Mineral Resources new text end new text begin Management new text end new text begin 5,646,000 new text end new text begin 5,646,000 new text end 14.17 new text begin Appropriations by Fund new text end 14.18 new text begin 2018 new text end new text begin 2019 new text end 14.19 new text begin General new text end new text begin 1,710,000 new text end new text begin 1,710,000 new text end 14.20 new text begin Natural Resources new text end new text begin 3,392,000 new text end new text begin 3,392,000 new text end 14.21 new text begin Game and Fish new text end new text begin 344,000 new text end new text begin 344,000 new text end 14.22 new text begin Permanent School new text end new text begin 200,000 new text end new text begin 200,000 new text end 14.23 new text begin (a) $319,000 the first year and $319,000 the new text end 14.24 new text begin second year are for environmental research new text end 14.25 new text begin relating to mine permitting, of which $200,000 new text end 14.26 new text begin each year is from the minerals management new text end 14.27 new text begin account and $119,000 each year is from the new text end 14.28 new text begin general fund. new text end 14.29 new text begin (b) $2,815,000 the first year and $2,815,000 new text end 14.30 new text begin the second year are from the minerals new text end 14.31 new text begin management account in the natural resources new text end 14.32 new text begin fund for use as provided in Minnesota Statutes, new text end 14.33 new text begin section 93.2236, paragraph (c), for mineral new text end 14.34 new text begin resource management, projects to enhance new text end 15.1 new text begin future mineral income, and projects to promote new text end 15.2 new text begin new mineral resource opportunities. new text end 15.3 new text begin (c) $200,000 the first year and $200,000 the new text end 15.4 new text begin second year are from the state forest suspense new text end 15.5 new text begin account in the permanent school fund to secure new text end 15.6 new text begin maximum long-term economic return from new text end 15.7 new text begin the school trust lands consistent with fiduciary new text end 15.8 new text begin responsibilities and sound natural resources new text end 15.9 new text begin conservation and management principles. new text end 15.10 new text begin (d) $125,000 the first year and $125,000 the new text end 15.11 new text begin second year are for conservation easement new text end 15.12 new text begin stewardship. new text end 15.13 new text begin Subd. 3. new text end new text begin Ecological and Water Resources new text end new text begin 32,930,000 new text end new text begin 32,763,000 new text end 15.14 new text begin Appropriations by Fund new text end 15.15 new text begin 2018 new text end new text begin 2019 new text end 15.16 new text begin General new text end new text begin 17,213,000 new text end new text begin 17,046,000 new text end 15.17 new text begin Natural Resources new text end new text begin 10,826,000 new text end new text begin 10,826,000 new text end 15.18 new text begin Game and Fish new text end new text begin 4,891,000 new text end new text begin 4,891,000 new text end 15.19 new text begin (a) $3,242,000 the first year and $3,242,000 new text end 15.20 new text begin the second year are from the invasive species new text end 15.21 new text begin account in the natural resources fund and new text end 15.22 new text begin $3,206,000 the first year and $3,206,000 the new text end 15.23 new text begin second year are from the general fund for new text end 15.24 new text begin management, public awareness, assessment new text end 15.25 new text begin and monitoring research, and water access new text end 15.26 new text begin inspection to prevent the spread of invasive new text end 15.27 new text begin species; management of invasive plants in new text end 15.28 new text begin public waters; and management of terrestrial new text end 15.29 new text begin invasive species on state-administered lands. new text end 15.30 new text begin (b) $5,000,000 the first year and $5,000,000 new text end 15.31 new text begin the second year are from the water new text end 15.32 new text begin management account in the natural resources new text end 15.33 new text begin fund for only the purposes specified in new text end 15.34 new text begin Minnesota Statutes, section 103G.27, new text end 15.35 new text begin subdivision 2. new text end 16.1 new text begin (c) $124,000 the first year and $124,000 the new text end 16.2 new text begin second year are for a grant to the Mississippi new text end 16.3 new text begin Headwaters Board for up to 50 percent of the new text end 16.4 new text begin cost of implementing the comprehensive plan new text end 16.5 new text begin for the upper Mississippi within areas under new text end 16.6 new text begin the board's jurisdiction. new text end 16.7 new text begin (d) $10,000 the first year and $10,000 the new text end 16.8 new text begin second year are for payment to the Leech Lake new text end 16.9 new text begin Band of Chippewa Indians to implement the new text end 16.10 new text begin band's portion of the comprehensive plan for new text end 16.11 new text begin the upper Mississippi. new text end 16.12 new text begin (e) $264,000 the first year and $264,000 the new text end 16.13 new text begin second year are for grants for up to 50 percent new text end 16.14 new text begin of the cost of implementation of the Red River new text end 16.15 new text begin mediation agreement. new text end 16.16 new text begin (f) $2,018,000 the first year and $2,018,000 new text end 16.17 new text begin the second year are from the heritage new text end 16.18 new text begin enhancement account in the game and fish new text end 16.19 new text begin fund for only the purposes specified in new text end 16.20 new text begin Minnesota Statutes, section 297A.94, new text end 16.21 new text begin paragraph (e), clause (1). new text end 16.22 new text begin (g) $950,000 the first year and $950,000 the new text end 16.23 new text begin second year are from the nongame wildlife new text end 16.24 new text begin management account in the natural resources new text end 16.25 new text begin fund for the purpose of nongame wildlife new text end 16.26 new text begin management. Notwithstanding Minnesota new text end 16.27 new text begin Statutes, section 290.431, $100,000 the first new text end 16.28 new text begin year and $100,000 the second year may be new text end 16.29 new text begin used for nongame wildlife information, new text end 16.30 new text begin education, and promotion. new text end 16.31 new text begin (h) Notwithstanding Minnesota Statutes, new text end 16.32 new text begin section 84.943, $13,000 the first year and new text end 16.33 new text begin $13,000 the second year from the critical new text end 16.34 new text begin habitat private sector matching account may new text end 17.1 new text begin be used to publicize the critical habitat license new text end 17.2 new text begin plate match program. new text end 17.3 new text begin (i) $6,000,000 the first year and $6,000,000 new text end 17.4 new text begin the second year are from the general fund for new text end 17.5 new text begin the following activities: new text end 17.6 new text begin (1) financial reimbursement and technical new text end 17.7 new text begin support to soil and water conservation districts new text end 17.8 new text begin or other local units of government for new text end 17.9 new text begin groundwater level monitoring; new text end 17.10 new text begin (2) surface water monitoring and analysis, new text end 17.11 new text begin including installation of monitoring gauges; new text end 17.12 new text begin (3) groundwater analysis to assist with water new text end 17.13 new text begin appropriation permitting decisions; new text end 17.14 new text begin (4) permit application review incorporating new text end 17.15 new text begin surface water and groundwater technical new text end 17.16 new text begin analysis; new text end 17.17 new text begin (5) precipitation data and analysis to improve new text end 17.18 new text begin the use of irrigation; new text end 17.19 new text begin (6) information technology, including new text end 17.20 new text begin electronic permitting and integrated data new text end 17.21 new text begin systems; and new text end 17.22 new text begin (7) compliance and monitoring. new text end 17.23 new text begin (j) $167,000 the first year is for a grant to the new text end 17.24 new text begin Koronis Lake Association for purposes of new text end 17.25 new text begin removing and preventing aquatic invasive new text end 17.26 new text begin species. This is a onetime appropriation and new text end 17.27 new text begin is available until June 30, 2022. new text end 17.28 new text begin (k) $250,000 the first year and $250,000 the new text end 17.29 new text begin second year are from the water management new text end 17.30 new text begin account in the natural resources fund for new text end 17.31 new text begin economic impact analysis of groundwater new text end 17.32 new text begin management area and water appropriation new text end 17.33 new text begin permit plans required under Minnesota new text end 18.1 new text begin Statutes, sections 103G.271, subdivision 8, new text end 18.2 new text begin and 103G.287, subdivision 4. new text end 18.3 new text begin (l) $410,000 the first year and $410,000 the new text end 18.4 new text begin second year are from the heritage enhancement new text end 18.5 new text begin account in the game and fish fund for grants new text end 18.6 new text begin to the Minnesota Aquatic Invasive Species new text end 18.7 new text begin Research Center at the University of new text end 18.8 new text begin Minnesota to prioritize, support, and develop new text end 18.9 new text begin research-based solutions that can reduce the new text end 18.10 new text begin effects of aquatic invasive species in new text end 18.11 new text begin Minnesota by preventing spread, controlling new text end 18.12 new text begin populations, and managing ecosystems and to new text end 18.13 new text begin advance knowledge to inspire action by others. new text end 18.14 new text begin Subd. 4. new text end new text begin Forest Management new text end new text begin 45,781,000 new text end new text begin 45,281,000 new text end 18.15 new text begin Appropriations by Fund new text end 18.16 new text begin 2018 new text end new text begin 2019 new text end 18.17 new text begin General new text end new text begin 28,350,000 new text end new text begin 28,350,000 new text end 18.18 new text begin Natural Resources new text end new text begin 16,144,000 new text end new text begin 15,644,000 new text end 18.19 new text begin Game and Fish new text end new text begin 1,287,000 new text end new text begin 1,287,000 new text end 18.20 new text begin (a) $7,145,000 the first year and $7,145,000 new text end 18.21 new text begin the second year are for prevention, new text end 18.22 new text begin presuppression, and suppression costs of new text end 18.23 new text begin emergency firefighting and other costs new text end 18.24 new text begin incurred under Minnesota Statutes, section new text end 18.25 new text begin 88.12. The amount necessary to pay for new text end 18.26 new text begin presuppression and suppression costs during new text end 18.27 new text begin the biennium is appropriated from the general new text end 18.28 new text begin fund. By January 15 of each year, the new text end 18.29 new text begin commissioner of natural resources shall submit new text end 18.30 new text begin a report to the chairs and ranking minority new text end 18.31 new text begin members of the house and senate committees new text end 18.32 new text begin and divisions having jurisdiction over new text end 18.33 new text begin environment and natural resources finance, new text end 18.34 new text begin identifying all firefighting costs incurred and new text end 18.35 new text begin reimbursements received in the prior fiscal new text end 19.1 new text begin year. These appropriations may not be new text end 19.2 new text begin transferred. Any reimbursement of firefighting new text end 19.3 new text begin expenditures made to the commissioner from new text end 19.4 new text begin any source other than federal mobilizations new text end 19.5 new text begin must be deposited into the general fund. new text end 19.6 new text begin (b) $11,644,000 the first year and $11,644,000 new text end 19.7 new text begin the second year are from the forest new text end 19.8 new text begin management investment account in the natural new text end 19.9 new text begin resources fund for only the purposes specified new text end 19.10 new text begin in Minnesota Statutes, section 89.039, new text end 19.11 new text begin subdivision 2. new text end 19.12 new text begin (c) $1,287,000 the first year and $1,287,000 new text end 19.13 new text begin the second year are from the heritage new text end 19.14 new text begin enhancement account in the game and fish new text end 19.15 new text begin fund to advance ecological classification new text end 19.16 new text begin systems (ECS) scientific management tools new text end 19.17 new text begin for forest and invasive species management. new text end 19.18 new text begin (d) $780,000 the first year and $780,000 the new text end 19.19 new text begin second year are for the Forest Resources new text end 19.20 new text begin Council to implement the Sustainable Forest new text end 19.21 new text begin Resources Act. new text end 19.22 new text begin (e) $500,000 the first year is from the forest new text end 19.23 new text begin management investment account in the natural new text end 19.24 new text begin resources fund for a study of the ability to new text end 19.25 new text begin sustainably harvest at least 1,000,000 cords new text end 19.26 new text begin of wood annually on state-administered forest new text end 19.27 new text begin lands. No later than January 2, 2018, the new text end 19.28 new text begin commissioner must report the study's findings new text end 19.29 new text begin to the legislative committees with jurisdiction new text end 19.30 new text begin over environment and natural resources policy new text end 19.31 new text begin and finance. This is a onetime appropriation. new text end 19.32 new text begin (f) $2,000,000 the first year and $2,000,000 new text end 19.33 new text begin the second year are from the forest new text end 19.34 new text begin management investment account in the natural new text end 20.1 new text begin resources fund for state forest reforestation. new text end 20.2 new text begin The base from the forest management new text end 20.3 new text begin investment account in the natural resources new text end 20.4 new text begin fund for fiscal year 2020 and later is new text end 20.5 new text begin $1,250,000. new text end 20.6 new text begin (g) $2,000,000 the first year and $2,000,000 new text end 20.7 new text begin the second year are from the forest new text end 20.8 new text begin management investment account in the natural new text end 20.9 new text begin resources fund for the Next Generation Core new text end 20.10 new text begin Forestry data system. The appropriation is new text end 20.11 new text begin available until June 30, 2021. The base from new text end 20.12 new text begin the forest management investment account in new text end 20.13 new text begin the natural resources fund for fiscal year 2020 new text end 20.14 new text begin and later is $500,000. new text end 20.15 new text begin (h) The base for the natural resources fund in new text end 20.16 new text begin fiscal year 2020 and later is $13,394,000. new text end 20.17 new text begin Subd. 5. new text end new text begin Parks and Trails Management new text end new text begin 79,805,000 new text end new text begin 79,750,000 new text end 20.18 new text begin Appropriations by Fund new text end 20.19 new text begin 2018 new text end new text begin 2019 new text end 20.20 new text begin General new text end new text begin 25,182,000 new text end new text begin 24,927,000 new text end 20.21 new text begin Natural Resources new text end new text begin 52,350,000 new text end new text begin 52,550,000 new text end 20.22 new text begin Game and Fish new text end new text begin 2,273,000 new text end new text begin 2,273,000 new text end 20.23 new text begin (a) $1,075,000 the first year and $1,075,000 new text end 20.24 new text begin the second year are from the water recreation new text end 20.25 new text begin account in the natural resources fund for new text end 20.26 new text begin enhancing public water-access facilities. new text end 20.27 new text begin (b) $5,740,000 the first year and $5,740,000 new text end 20.28 new text begin the second year are from the natural resources new text end 20.29 new text begin fund for state trail, park, and recreation area new text end 20.30 new text begin operations. This appropriation is from the new text end 20.31 new text begin revenue deposited in the natural resources fund new text end 20.32 new text begin under Minnesota Statutes, section 297A.94, new text end 20.33 new text begin paragraph (e), clause (2). new text end 21.1 new text begin (c) $17,350,000 the first year and $17,750,000 new text end 21.2 new text begin the second year are from the state parks new text end 21.3 new text begin account in the natural resources fund for state new text end 21.4 new text begin park and state recreation area operation and new text end 21.5 new text begin maintenance. new text end 21.6 new text begin (d) $1,005,000 the first year and $1,005,000 new text end 21.7 new text begin the second year are from the natural resources new text end 21.8 new text begin fund for park and trail grants to local units of new text end 21.9 new text begin government on land to be maintained for at new text end 21.10 new text begin least 20 years for the purposes of the grants. new text end 21.11 new text begin This appropriation is from the revenue new text end 21.12 new text begin deposited in the natural resources fund under new text end 21.13 new text begin Minnesota Statutes, section 297A.94, new text end 21.14 new text begin paragraph (e), clause (4). Any unencumbered new text end 21.15 new text begin balance does not cancel at the end of the first new text end 21.16 new text begin year and is available for the second year. new text end 21.17 new text begin (e) $130,000 the first year is from the general new text end 21.18 new text begin fund, and $8,424,000 the first year and new text end 21.19 new text begin $8,424,000 the second year are from the new text end 21.20 new text begin snowmobile trails and enforcement account new text end 21.21 new text begin in the natural resources fund for the new text end 21.22 new text begin snowmobile grants-in-aid program. Any new text end 21.23 new text begin unencumbered balance does not cancel at the new text end 21.24 new text begin end of the first year and is available for the new text end 21.25 new text begin second year. new text end 21.26 new text begin (f) $1,685,000 the first year and $1,685,000 new text end 21.27 new text begin the second year are from the natural resources new text end 21.28 new text begin fund for the off-highway vehicle grants-in-aid new text end 21.29 new text begin program. Of this amount, $1,210,000 the first new text end 21.30 new text begin year and $1,210,000 the second year are from new text end 21.31 new text begin the all-terrain vehicle account; $150,000 each new text end 21.32 new text begin year is from the off-highway motorcycle new text end 21.33 new text begin account; and $325,000 each year is from the new text end 21.34 new text begin off-road vehicle account. Any unencumbered new text end 22.1 new text begin balance does not cancel at the end of the first new text end 22.2 new text begin year and is available for the second year. new text end 22.3 new text begin (g) $75,000 the first year and $75,000 the new text end 22.4 new text begin second year are from the cross-country ski new text end 22.5 new text begin account in the natural resources fund for new text end 22.6 new text begin grooming and maintaining cross-country ski new text end 22.7 new text begin trails in state parks, trails, and recreation areas. new text end 22.8 new text begin (h) $250,000 the first year and $250,000 the new text end 22.9 new text begin second year are from the state land and water new text end 22.10 new text begin conservation account in the natural resources new text end 22.11 new text begin fund for priorities established by the new text end 22.12 new text begin commissioner for eligible state projects and new text end 22.13 new text begin administrative and planning activities new text end 22.14 new text begin consistent with Minnesota Statutes, section new text end 22.15 new text begin 84.0264, and the federal Land and Water new text end 22.16 new text begin Conservation Fund Act. Any unencumbered new text end 22.17 new text begin balance does not cancel at the end of the first new text end 22.18 new text begin year and is available for the second year. new text end 22.19 new text begin (i) $150,000 the first year is from the new text end 22.20 new text begin all-terrain vehicle account in the natural new text end 22.21 new text begin resources fund for a grant to the city of Orr to new text end 22.22 new text begin predesign, design, and construct the Voyageur new text end 22.23 new text begin all-terrain vehicle trail system, including: new text end 22.24 new text begin (1) design of the alignment for phase I of the new text end 22.25 new text begin Voyageur all-terrain vehicle trail system and new text end 22.26 new text begin development of a preliminary phase II new text end 22.27 new text begin alignment; new text end 22.28 new text begin (2) completion of wetland delineation and new text end 22.29 new text begin wetland permitting; new text end 22.30 new text begin (3) completion of the engineering design and new text end 22.31 new text begin cost estimates for a snowmobile and new text end 22.32 new text begin off-highway vehicle bridge over the Vermilion new text end 22.33 new text begin River to establish a trail connection; and new text end 23.1 new text begin (4) completion of the master plan for the new text end 23.2 new text begin Voyageur all-terrain vehicle trail system. new text end 23.3 new text begin This is a onetime appropriation and is new text end 23.4 new text begin available until June 30, 2020. new text end 23.5 new text begin (j) $125,000 the first year is from the general new text end 23.6 new text begin fund for all terrain vehicle grants-in-aid new text end 23.7 new text begin program. This is a onetime appropriation. new text end 23.8 new text begin (k) $250,000 the first year and $250,000 the new text end 23.9 new text begin second year are from the general fund for new text end 23.10 new text begin matching grants for local parks and outdoor new text end 23.11 new text begin recreation areas under Minnesota Statutes, new text end 23.12 new text begin section 85.019, subdivision 2. new text end 23.13 new text begin (l) $250,000 the first year and $250,000 the new text end 23.14 new text begin second year are from the general fund for new text end 23.15 new text begin matching grants for local trail connections new text end 23.16 new text begin under Minnesota Statutes, section 85.019, new text end 23.17 new text begin subdivision 4c. new text end 23.18 new text begin (m) $50,000 the first year is from the new text end 23.19 new text begin all-terrain vehicle account in the natural new text end 23.20 new text begin resources fund for a grant to the city of new text end 23.21 new text begin Virginia to assist the Virginia Area All-Terrain new text end 23.22 new text begin Vehicle Club to plan, design, engineer, and new text end 23.23 new text begin permit a comprehensive all-terrain vehicle new text end 23.24 new text begin system in the Virginia area and to connect with new text end 23.25 new text begin the Iron Range Off-Highway Vehicle new text end 23.26 new text begin Recreation Area. This is a onetime new text end 23.27 new text begin appropriation and is available until June 30, new text end 23.28 new text begin 2020. new text end 23.29 new text begin Subd. 6. new text end new text begin Fish and Wildlife Management new text end new text begin 67,581,000 new text end new text begin 67,531,000 new text end 23.30 new text begin Appropriations by Fund new text end 23.31 new text begin 2018 new text end new text begin 2019 new text end 23.32 new text begin Natural Resources new text end new text begin 1,912,000 new text end new text begin 1,912,000 new text end 23.33 new text begin Game and Fish new text end new text begin 65,669,000 new text end new text begin 65,619,000 new text end 24.1 new text begin (a) $8,167,000 the first year and $8,167,000 new text end 24.2 new text begin the second year are from the heritage new text end 24.3 new text begin enhancement account in the game and fish new text end 24.4 new text begin fund only for activities specified in Minnesota new text end 24.5 new text begin Statutes, section 297A.94, paragraph (e), new text end 24.6 new text begin clause (1). Notwithstanding Minnesota new text end 24.7 new text begin Statutes, section 297A.94, five percent of this new text end 24.8 new text begin appropriation may be used for expanding new text end 24.9 new text begin hunter and angler recruitment and retention. new text end 24.10 new text begin (b) $30,000 the first year is from the heritage new text end 24.11 new text begin enhancement account in the game and fish new text end 24.12 new text begin fund for the commissioner of natural resources new text end 24.13 new text begin to contract with a private entity to search for new text end 24.14 new text begin a site to construct a world-class shooting range new text end 24.15 new text begin and club house for use by the Minnesota State new text end 24.16 new text begin High School League and for other regional, new text end 24.17 new text begin statewide, national, and international shooting new text end 24.18 new text begin events. The commissioner must provide public new text end 24.19 new text begin notice of the search, including making the new text end 24.20 new text begin public aware of the process through the new text end 24.21 new text begin Department of Natural Resources' media new text end 24.22 new text begin outlets, and solicit input on the location and new text end 24.23 new text begin building options for the facility. The siting new text end 24.24 new text begin search process must include a public process new text end 24.25 new text begin to determine if any business or individual is new text end 24.26 new text begin interested in donating land for the facility, new text end 24.27 new text begin anticipated to be at least 500 acres. The site new text end 24.28 new text begin search team must meet with interested third new text end 24.29 new text begin parties affected by or interested in the facility. new text end 24.30 new text begin The commissioner must submit a report with new text end 24.31 new text begin the results of the site search to the chairs and new text end 24.32 new text begin ranking minority members of the legislative new text end 24.33 new text begin committees and divisions with jurisdiction new text end 24.34 new text begin over environment and natural resources by new text end 24.35 new text begin March 1, 2018. This is a onetime new text end 24.36 new text begin appropriation. new text end 25.1 new text begin (c) $20,000 the first year is from the heritage new text end 25.2 new text begin enhancement account in the game and fish new text end 25.3 new text begin fund for a study on the effects of lead shot on new text end 25.4 new text begin wildlife on state lands. By January 15, 2018, new text end 25.5 new text begin the commissioner shall provide a report of the new text end 25.6 new text begin study to the chairs and ranking minority new text end 25.7 new text begin members of the legislative committees with new text end 25.8 new text begin jurisdiction over natural resources policy and new text end 25.9 new text begin finance. This is a onetime appropriation. new text end 25.10 new text begin Subd. 7. new text end new text begin Enforcement new text end new text begin 39,377,000 new text end new text begin 39,377,000 new text end 25.11 new text begin Appropriations by Fund new text end 25.12 new text begin 2018 new text end new text begin 2019 new text end 25.13 new text begin General new text end new text begin 5,140,000 new text end new text begin 5,140,000 new text end 25.14 new text begin Natural Resources new text end new text begin 10,309,000 new text end new text begin 10,309,000 new text end 25.15 new text begin Game and Fish new text end new text begin 23,828,000 new text end new text begin 23,828,000 new text end 25.16 new text begin Remediation new text end new text begin 100,000 new text end new text begin 100,000 new text end 25.17 new text begin (a) $1,718,000 the first year and $1,718,000 new text end 25.18 new text begin the second year are from the general fund for new text end 25.19 new text begin enforcement efforts to prevent the spread of new text end 25.20 new text begin aquatic invasive species. new text end 25.21 new text begin (b) $1,580,000 the first year and $1,580,000 new text end 25.22 new text begin the second year are from the heritage new text end 25.23 new text begin enhancement account in the game and fish new text end 25.24 new text begin fund for only the purposes specified in new text end 25.25 new text begin Minnesota Statutes, section 297A.94, new text end 25.26 new text begin paragraph (e), clause (1). new text end 25.27 new text begin (c) $1,082,000 the first year and $1,082,000 new text end 25.28 new text begin the second year are from the water recreation new text end 25.29 new text begin account in the natural resources fund for grants new text end 25.30 new text begin to counties for boat and water safety. Any new text end 25.31 new text begin unencumbered balance does not cancel at the new text end 25.32 new text begin end of the first year and is available for the new text end 25.33 new text begin second year. new text end 25.34 new text begin (d) $315,000 the first year and $315,000 the new text end 25.35 new text begin second year are from the snowmobile trails new text end 26.1 new text begin and enforcement account in the natural new text end 26.2 new text begin resources fund for grants to local law new text end 26.3 new text begin enforcement agencies for snowmobile new text end 26.4 new text begin enforcement activities. Any unencumbered new text end 26.5 new text begin balance does not cancel at the end of the first new text end 26.6 new text begin year and is available for the second year. new text end 26.7 new text begin (e) $250,000 the first year and $250,000 the new text end 26.8 new text begin second year are from the all-terrain vehicle new text end 26.9 new text begin account for grants to qualifying organizations new text end 26.10 new text begin to assist in safety and environmental education new text end 26.11 new text begin and monitoring trails on public lands under new text end 26.12 new text begin Minnesota Statutes, section 84.9011. Grants new text end 26.13 new text begin issued under this paragraph must be issued new text end 26.14 new text begin through a formal agreement with the new text end 26.15 new text begin organization. By December 15 each year, an new text end 26.16 new text begin organization receiving a grant under this new text end 26.17 new text begin paragraph shall report to the commissioner new text end 26.18 new text begin with details on expenditures and outcomes new text end 26.19 new text begin from the grant. Of this appropriation, $25,000 new text end 26.20 new text begin each year is for administration of these grants. new text end 26.21 new text begin Any unencumbered balance does not cancel new text end 26.22 new text begin at the end of the first year and is available for new text end 26.23 new text begin the second year. new text end 26.24 new text begin (f) $510,000 the first year and $510,000 the new text end 26.25 new text begin second year are from the natural resources new text end 26.26 new text begin fund for grants to county law enforcement new text end 26.27 new text begin agencies for off-highway vehicle enforcement new text end 26.28 new text begin and public education activities based on new text end 26.29 new text begin off-highway vehicle use in the county. Of this new text end 26.30 new text begin amount, $498,000 each year is from the new text end 26.31 new text begin all-terrain vehicle account; $11,000 each year new text end 26.32 new text begin is from the off-highway motorcycle account; new text end 26.33 new text begin and $1,000 each year is from the off-road new text end 26.34 new text begin vehicle account. The county enforcement new text end 26.35 new text begin agencies may use money received under this new text end 27.1 new text begin appropriation to make grants to other local new text end 27.2 new text begin enforcement agencies within the county that new text end 27.3 new text begin have a high concentration of off-highway new text end 27.4 new text begin vehicle use. Of this appropriation, $25,000 new text end 27.5 new text begin each year is for administration of these grants. new text end 27.6 new text begin Any unencumbered balance does not cancel new text end 27.7 new text begin at the end of the first year and is available for new text end 27.8 new text begin the second year. new text end new text begin new text end 27.9 new text begin (g) $1,000,000 each year is for recruiting, new text end 27.10 new text begin training, and maintaining additional new text end 27.11 new text begin conservation officers. new text end 27.12 new text begin (h) The commissioner may hold a conservation new text end 27.13 new text begin officer academy if necessary. new text end 27.14 new text begin Subd. 8. new text end new text begin Operations Support new text end new text begin 1,920,000 new text end new text begin 0 new text end 27.15 new text begin $1,920,000 the first year is available for legal new text end 27.16 new text begin costs. Of this amount, up to $500,000 may be new text end 27.17 new text begin transferred to the Minnesota Pollution Control new text end 27.18 new text begin Agency. This is a onetime appropriation and new text end 27.19 new text begin is available until June 30, 2021. new text end 27.20 new text begin Subd. 9. new text end new text begin Pass Through Funds new text end new text begin 320,000 new text end new text begin 320,000 new text end 27.21 new text begin Appropriations by Fund new text end 27.22 new text begin 2018 new text end new text begin 2019 new text end 27.23 new text begin Natural Resources new text end new text begin 320,000 new text end new text begin 320,000 new text end 27.24 new text begin $320,000 the first year and $320,000 the new text end 27.25 new text begin second year are from the natural resources new text end 27.26 new text begin fund for grants to be divided equally between new text end 27.27 new text begin the city of St. Paul for the Como Park Zoo and new text end 27.28 new text begin Conservatory and the city of Duluth for the new text end 27.29 new text begin Duluth Zoo. This appropriation is from the new text end 27.30 new text begin revenue deposited to the natural resources fund new text end 27.31 new text begin under Minnesota Statutes, section 297A.94, new text end 27.32 new text begin paragraph (e), clause (5). new text end 27.33 new text begin Subd. 10. new text end new text begin Cancellation new text end 28.1 new text begin The remaining amount of the general fund new text end 28.2 new text begin appropriation in Laws 2016, chapter 189, new text end 28.3 new text begin article 3, section 3, subdivision 3, for a grant new text end 28.4 new text begin to the Koronis Lake Association, estimated to new text end 28.5 new text begin be $167,000, is canceled on June 30, 2017. new text end 28.6 new text begin This subdivision is effective the day following new text end 28.7 new text begin final enactment. new text end 28.8 28.9 Sec. 4. new text begin BOARD OF WATER AND SOIL new text end new text begin RESOURCES new text end new text begin $ new text end new text begin 13,829,000 new text end new text begin $ new text end new text begin 13,529,000 new text end 28.10 new text begin (a) $3,423,000 the first year and $3,423,000 new text end 28.11 new text begin the second year are for natural resources block new text end 28.12 new text begin grants to local governments. Grants must be new text end 28.13 new text begin matched with a combination of local cash or new text end 28.14 new text begin in-kind contributions. The base grant portion new text end 28.15 new text begin related to water planning must be matched by new text end 28.16 new text begin an amount as specified by Minnesota Statutes, new text end 28.17 new text begin section 103B.3369. The board may reduce the new text end 28.18 new text begin amount of the natural resources block grant new text end 28.19 new text begin to a county by an amount equal to any new text end 28.20 new text begin reduction in the county's general services new text end 28.21 new text begin allocation to a soil and water conservation new text end 28.22 new text begin district from the county's previous year new text end 28.23 new text begin allocation when the board determines that the new text end 28.24 new text begin reduction was disproportionate. new text end 28.25 new text begin (b) $3,116,000 the first year and $3,116,000 new text end 28.26 new text begin the second year are for grants to soil and water new text end 28.27 new text begin conservation districts for the purposes of new text end 28.28 new text begin Minnesota Statutes, sections 103C.321 and new text end 28.29 new text begin 103C.331, and for general purposes, nonpoint new text end 28.30 new text begin engineering, and implementation and new text end 28.31 new text begin stewardship of the reinvest in Minnesota new text end 28.32 new text begin reserve program. Expenditures may be made new text end 28.33 new text begin from these appropriations for supplies and new text end 28.34 new text begin services benefiting soil and water conservation new text end 28.35 new text begin districts. Any district receiving a payment new text end 29.1 new text begin under this paragraph shall maintain a Web new text end 29.2 new text begin page that publishes, at a minimum, its annual new text end 29.3 new text begin report, annual audit, annual budget, and new text end 29.4 new text begin meeting notices. new text end 29.5 new text begin (c) $260,000 the first year and $260,000 the new text end 29.6 new text begin second year are for feedlot water quality cost new text end 29.7 new text begin share grants for feedlots under 300 animal new text end 29.8 new text begin units and nutrient and manure management new text end 29.9 new text begin projects in watersheds where there are new text end 29.10 new text begin impaired waters. new text end 29.11 new text begin (d) $1,200,000 the first year and $1,200,000 new text end 29.12 new text begin the second year are for soil and water new text end 29.13 new text begin conservation district cost-sharing contracts for new text end 29.14 new text begin perennially vegetated riparian buffers, erosion new text end 29.15 new text begin control, water retention and treatment, and new text end 29.16 new text begin other high-priority conservation practices. new text end 29.17 new text begin (e) $100,000 the first year and $100,000 the new text end 29.18 new text begin second year are for county cooperative weed new text end 29.19 new text begin management cost-share programs and to new text end 29.20 new text begin restore native plants in selected invasive new text end 29.21 new text begin species management sites. new text end new text begin new text end 29.22 new text begin (f) $761,000 the first year and $761,000 the new text end 29.23 new text begin second year are for implementation, new text end 29.24 new text begin enforcement, and oversight of the Wetland new text end 29.25 new text begin Conservation Act, including administration of new text end 29.26 new text begin the wetland banking program and in-lieu fee new text end 29.27 new text begin mechanism. new text end new text begin new text end 29.28 new text begin (g) $300,000 the first year is for improving new text end 29.29 new text begin the efficiency and effectiveness of Minnesota's new text end 29.30 new text begin wetland regulatory programs through new text end 29.31 new text begin continued examination of United States Clean new text end 29.32 new text begin Water Act section 404 assumption including new text end 29.33 new text begin negotiation of draft agreements with the new text end 29.34 new text begin United States Environmental Protection new text end 30.1 new text begin Agency and the United States Army Corps of new text end 30.2 new text begin Engineers, planning for an online permitting new text end 30.3 new text begin system, upgrading the existing wetland new text end 30.4 new text begin banking database, and developing an in-lieu new text end 30.5 new text begin fee wetland banking program as authorized new text end 30.6 new text begin by statute. This is a onetime appropriation. new text end 30.7 new text begin (h) $166,000 the first year and $166,000 the new text end 30.8 new text begin second year are to provide technical assistance new text end 30.9 new text begin to local drainage management officials and new text end 30.10 new text begin for the costs of the Drainage Work Group. new text end 30.11 new text begin (i) $100,000 the first year and $100,000 the new text end 30.12 new text begin second year are for a grant to the Red River new text end 30.13 new text begin Basin Commission for water quality and new text end 30.14 new text begin floodplain management, including new text end 30.15 new text begin administration of programs. This appropriation new text end 30.16 new text begin must be matched by nonstate funds. If the new text end 30.17 new text begin appropriation in either year is insufficient, the new text end 30.18 new text begin appropriation in the other year is available for new text end 30.19 new text begin it. new text end 30.20 new text begin (j) $140,000 the first year and $140,000 the new text end 30.21 new text begin second year are for grants to Area II new text end 30.22 new text begin Minnesota River Basin Projects for floodplain new text end 30.23 new text begin management. new text end 30.24 new text begin (k) $125,000 the first year and $125,000 the new text end 30.25 new text begin second year are for conservation easement new text end 30.26 new text begin stewardship. new text end 30.27 new text begin (l) $240,000 the first year and $240,000 the new text end 30.28 new text begin second year are for a grant to the Lower new text end 30.29 new text begin Minnesota River Watershed District to defray new text end 30.30 new text begin the annual cost of operating and maintaining new text end 30.31 new text begin sites for dredge spoil to sustain the state, new text end 30.32 new text begin national, and international commercial and new text end 30.33 new text begin recreational navigation on the lower Minnesota new text end 30.34 new text begin River. new text end 31.1 new text begin (m) $3,898,000 the first year and $3,898,000 new text end 31.2 new text begin the second year are for Board of Water and new text end 31.3 new text begin Soil Resources agency administration and new text end 31.4 new text begin operations. new text end 31.5 new text begin (n) Notwithstanding Minnesota Statutes, new text end 31.6 new text begin section 103C.501, the board may shift new text end 31.7 new text begin cost-share funds in this section and may adjust new text end 31.8 new text begin the technical and administrative assistance new text end 31.9 new text begin portion of the grant funds to leverage federal new text end 31.10 new text begin or other nonstate funds or to address new text end 31.11 new text begin high-priority needs identified in local water new text end 31.12 new text begin management plans or comprehensive water new text end 31.13 new text begin management plans. new text end 31.14 new text begin (o) The appropriations for grants in this section new text end 31.15 new text begin are available until June 30, 2021. If an new text end 31.16 new text begin appropriation for grants in either year is new text end 31.17 new text begin insufficient, the appropriation in the other year new text end 31.18 new text begin is available for it. new text end 31.19 new text begin (p) Notwithstanding Minnesota Statutes, new text end 31.20 new text begin section 16B.97, the appropriations for grants new text end 31.21 new text begin in this section are exempt from Department new text end 31.22 new text begin of Administration, Office of Grants new text end 31.23 new text begin Management Policy 08-10 Grant Monitoring. new text end 31.24 Sec. 5. new text begin METROPOLITAN COUNCIL new text end new text begin $ new text end new text begin 8,540,000 new text end new text begin $ new text end new text begin 8,540,000 new text end 31.25 new text begin Appropriations by Fund new text end 31.26 new text begin 2018 new text end new text begin 2019 new text end 31.27 new text begin General new text end new text begin 2,540,000 new text end new text begin 2,540,000 new text end 31.28 new text begin Natural Resources new text end new text begin 6,000,000 new text end new text begin 6,000,000 new text end 31.29 new text begin (a) $2,540,000 the first year and $2,540,000 new text end 31.30 new text begin the second year are for metropolitan area new text end 31.31 new text begin regional parks operation and maintenance new text end 31.32 new text begin according to Minnesota Statutes, section new text end 31.33 new text begin 473.351. new text end 32.1 new text begin (b) $6,000,000 the first year and $6,000,000 new text end 32.2 new text begin the second year are from the natural resources new text end 32.3 new text begin fund for metropolitan area regional parks and new text end 32.4 new text begin trails maintenance and operations. This new text end 32.5 new text begin appropriation is from the revenue deposited new text end 32.6 new text begin in the natural resources fund under Minnesota new text end 32.7 new text begin Statutes, section 297A.94, paragraph (e), new text end 32.8 new text begin clause (3). new text end 32.9 32.10 Sec. 6. new text begin CONSERVATION CORPS new text end new text begin MINNESOTA new text end new text begin $ new text end new text begin 945,000 new text end new text begin $ new text end new text begin 945,000 new text end 32.11 new text begin Appropriations by Fund new text end 32.12 new text begin 2018 new text end new text begin 2019 new text end 32.13 new text begin General new text end new text begin 455,000 new text end new text begin 455,000 new text end 32.14 new text begin Natural Resources new text end new text begin 490,000 new text end new text begin 490,000 new text end 32.15 new text begin Conservation Corps Minnesota may receive new text end 32.16 new text begin money appropriated from the natural resources new text end 32.17 new text begin fund under this section only as provided in an new text end 32.18 new text begin agreement with the commissioner of natural new text end 32.19 new text begin resources. new text end 32.20 Sec. 7. new text begin ZOOLOGICAL BOARD new text end new text begin $ new text end new text begin 8,610,000 new text end new text begin $ new text end new text begin 8,610,000 new text end 32.21 new text begin Appropriations by Fund new text end 32.22 new text begin 2018 new text end new text begin 2019 new text end 32.23 new text begin General new text end new text begin 8,450,000 new text end new text begin 8,450,000 new text end 32.24 new text begin Natural Resources new text end new text begin 160,000 new text end new text begin 160,000 new text end 32.25 new text begin $160,000 the first year and $160,000 the new text end 32.26 new text begin second year are from the natural resources new text end 32.27 new text begin fund from the revenue deposited under new text end 32.28 new text begin Minnesota Statutes, section 297A.94, new text end 32.29 new text begin paragraph (e), clause (5). new text end 32.30 Sec. 8. new text begin SCIENCE MUSEUM new text end new text begin $ new text end new text begin 1,079,000 new text end new text begin $ new text end new text begin 1,079,000 new text end 32.31 Sec. 9. new text begin ADMINISTRATION new text end new text begin $ new text end new text begin 800,000 new text end new text begin $ new text end new text begin 300,000 new text end 33.1 new text begin (a) $300,000 the first year and $300,000 the new text end 33.2 new text begin second year are from the state forest suspense new text end 33.3 new text begin account in the permanent school fund for the new text end 33.4 new text begin school trust lands director. This appropriation new text end 33.5 new text begin is to be used for securing long-term economic new text end 33.6 new text begin return from the school trust lands consistent new text end 33.7 new text begin with fiduciary responsibilities and sound new text end 33.8 new text begin natural resources conservation and new text end 33.9 new text begin management principles. new text end 33.10 new text begin (b) $500,000 the first year is from the state new text end 33.11 new text begin forest suspense account in the permanent new text end 33.12 new text begin school fund for the school trust lands director new text end 33.13 new text begin to initiate the private sale of surplus school new text end 33.14 new text begin trust lands identified according to Minnesota new text end 33.15 new text begin Statutes, section 92.82, paragraph (d), new text end 33.16 new text begin including but not limited to valuation new text end 33.17 new text begin expenses, legal fees, and transactional staff new text end 33.18 new text begin costs. This is a onetime appropriation and is new text end 33.19 new text begin available until June 30, 2019. new text end 33.20 Sec. 10. new text begin EXPLORE MINNESOTA TOURISM new text end new text begin $ new text end new text begin 15,148,000 new text end new text begin $ new text end new text begin 14,248,000 new text end 33.21 new text begin (a) To develop maximum private sector new text end 33.22 new text begin involvement in tourism, $500,000 the first new text end 33.23 new text begin year and $500,000 the second year must be new text end 33.24 new text begin matched by Explore Minnesota Tourism from new text end 33.25 new text begin nonstate sources. Each $1 of state incentive new text end 33.26 new text begin must be matched with $6 of private sector new text end 33.27 new text begin funding. Cash match is defined as revenue to new text end 33.28 new text begin the state or documented cash expenditures new text end 33.29 new text begin directly expended to support Explore new text end 33.30 new text begin Minnesota Tourism programs. Up to one-half new text end 33.31 new text begin of the private sector contribution may be new text end 33.32 new text begin in-kind or soft match. The incentive in fiscal new text end 33.33 new text begin year 2018 shall be based on fiscal year 2017 new text end 33.34 new text begin private sector contributions. The incentive in new text end 33.35 new text begin fiscal year 2019 shall be based on fiscal year new text end 34.1 new text begin 2018 private sector contributions. This new text end 34.2 new text begin incentive is ongoing. new text end 34.3 new text begin (b) Funding for the marketing grants is new text end 34.4 new text begin available either year of the biennium. new text end 34.5 new text begin Unexpended grant funds from the first year new text end 34.6 new text begin are available in the second year. new text end 34.7 new text begin (c) $100,000 each year is for a grant to the new text end 34.8 new text begin Northern Lights International Music Festival. new text end 34.9 new text begin (d) $900,000 the first year is for the major new text end 34.10 new text begin events grant program. This is a onetime new text end 34.11 new text begin appropriation and is available until June 30, new text end 34.12 new text begin 2021. new text end 34.13 Sec. 11. new text begin REVENUE new text end new text begin $ new text end new text begin 0 new text end new text begin $ new text end new text begin 2,300,000 new text end 34.14 new text begin $2,300,000 the second year is for riparian new text end 34.15 new text begin protection aid payments under Minnesota new text end 34.16 new text begin Statutes, section 477A.21. new text end 34.17    Sec. 12. Laws 2016, chapter 189, article 3, section 6, is amended to read: 34.18 Sec. 6. ADMINISTRATION$250,000$-0-34.19$250,000 the first year is from the state forest 34.20suspense account in the permanent school fund 34.21for the school trust lands director to initiate 34.22real estate development projects on school 34.23trust lands as determined by the school trust 34.24lands director. This is a onetime appropriation new text begin new text end 34.25 new text begin and is available until June 30, 2019 new text end . 34.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 34.27ARTICLE 2 34.28ENVIRONMENT AND NATURAL RESOURCES STATUTORY CHANGES 34.29    Section 1. Minnesota Statutes 2016, section 84.01, is amended by adding a subdivision 34.30to read: 35.1     new text begin Subd. 6. new text end new text begin Legal counsel. new text end new text begin The commissioner of natural resources may appoint attorneys new text end 35.2 new text begin or outside counsel to render title opinions, represent the department in severed mineral new text end 35.3 new text begin interest forfeiture actions brought pursuant to section 93.55, and, notwithstanding any statute new text end 35.4 new text begin to the contrary, represent the state in quiet title or title registration actions affecting land or new text end 35.5 new text begin interests in land administered by the commissioner. new text end 35.6    Sec. 2. Minnesota Statutes 2016, section 84.027, subdivision 14a, is amended to read: 35.7    Subd. 14a. Permitting efficiency new text begin ; public notice new text end . (a) It is the goal of the state that 35.8environmental and resource management permits be issued or denied within 90 days for 35.9Tier 1 permits or 150 days for Tier 2 permits following submission of a permit application. 35.10The commissioner of natural resources shall establish management systems designed to 35.11achieve the goal. 35.12(b) The commissioner shall prepare an annual permitting efficiency report that includes 35.13statistics on meeting the goal in paragraph (a) and the criteria for Tier 1 and Tier 2 by permit 35.14categories. The report is due August 1 each year. For permit applications that have not met 35.15the goal, the report must state the reasons for not meeting the goal. In stating the reasons 35.16for not meeting the goal, the commissioner shall separately identify delays caused by the 35.17responsiveness of the proposer, lack of staff, scientific or technical disagreements, or the 35.18level of public engagement. The report must specify the number of days from initial 35.19submission of the application to the day of determination that the application is complete. 35.20The report must aggregate the data for the year and assess whether program or system 35.21changes are necessary to achieve the goal. The report must be posted on the department's 35.22Web site and submitted to the governor and the chairs and ranking minority members of 35.23the house of representatives and senate committees having jurisdiction over natural resources 35.24policy and finance. 35.25(c) The commissioner shall allow electronic submission of environmental review and 35.26permit documents to the department. 35.27(d) Beginning July 1, 2011, Within 30 business days of application for a permit subject 35.28to paragraph (a), the commissioner of natural resources shall notify the project proposer new text begin new text end 35.29 new text begin permit applicant new text end , in writing, whether the application is complete or incomplete. If the 35.30commissioner determines that an application is incomplete, the notice to the applicant must 35.31enumerate all deficiencies, citing specific provisions of the applicable rules and statutes, 35.32and advise the applicant on how the deficiencies can be remedied. If the commissioner 35.33determines that the application is complete, the notice must confirm the application's Tier 35.341 or Tier 2 permit status new text begin and, upon request of the permit applicant of an individual Tier 2 new text end 36.1 new text begin permit, provide the permit applicant with a schedule for reviewing the permit application new text end . 36.2This paragraph does not apply to an application for a permit that is subject to a grant or loan 36.3agreement under chapter 446A. 36.4 new text begin (e) When public notice of a draft individual Tier 2 permit is required, the commissioner new text end 36.5 new text begin must issue the notice with the draft permit within 150 days of receiving a completed permit new text end 36.6 new text begin application unless the permit applicant and the commissioner mutually agree to a different new text end 36.7 new text begin date. Upon request of the permit applicant, the commissioner must provide a copy of the new text end 36.8 new text begin draft permit to the permit applicant and consider comments on the draft permit from the new text end 36.9 new text begin permit applicant before issuing the public notice. new text end 36.10    Sec. 3. Minnesota Statutes 2016, section 84.027, subdivision 14b, is amended to read: 36.11    Subd. 14b. Expediting costs; reimbursement. Permit applicants who wish to construct, 36.12reconstruct, modify, or operate a facility needing any permit from the commissioner of 36.13natural resources new text begin to construct, reconstruct, or modify a project or to operate a facility new text end may 36.14offer to reimburse the department for the new text begin reasonable new text end costs of staff time or consultant services 36.15needed to expedite the new text begin preapplication process and new text end permit development process new text begin through the new text end 36.16 new text begin final decision on the permit new text end , including the analysis of environmental review documents. 36.17The reimbursement shall be in addition to permit application fees imposed by law. When 36.18the commissioner determines that additional resources are needed to develop the permit 36.19application in an expedited manner, and that expediting the development is consistent with 36.20permitting program priorities, the commissioner may accept the reimbursement. new text begin The new text end 36.21 new text begin commissioner must give the permit applicant an estimate of costs for the expedited service new text end 36.22 new text begin to be incurred by the commissioner. The estimate must include a brief description of the new text end 36.23 new text begin tasks to be performed, a schedule for completing the tasks, and the estimated cost for each new text end 36.24 new text begin task. The proposer and the commissioner shall enter into a written agreement detailing the new text end 36.25 new text begin estimated costs for the expedited service to be incurred by the department and any recourse new text end 36.26 new text begin available to the applicant if the department fails to comply with the schedule. The agreement new text end 36.27 new text begin must also identify staff anticipated to be assigned to the project and describe the new text end 36.28 new text begin commissioner's commitment to making assigned staff available for the project until the new text end 36.29 new text begin permit decision is made. The commissioner must not issue a permit until the applicant has new text end 36.30 new text begin paid all fees in full. The commissioner must refund any unobligated balance of fees paid. new text end 36.31Reimbursements accepted by the commissioner are appropriated to the commissioner for 36.32the purpose of developing the permit or analyzing environmental review documents. 36.33Reimbursement by a permit applicant shall precede and not be contingent upon issuance of 36.34a permit; shall not affect the commissioner's decision on whether to issue or deny a permit, 36.35what conditions are included in a permit, or the application of state and federal statutes and 37.1rules governing permit determinations; and shall not affect final decisions regarding 37.2environmental review. 37.3    Sec. 4. Minnesota Statutes 2016, section 84.027, is amended by adding a subdivision to 37.4read: 37.5     new text begin Subd. 14c. new text end new text begin Irrevocability, suspensions, or expiration of permits; environmental new text end 37.6 new text begin review. new text end new text begin (a) If, by July 1 of an odd-numbered year, legislation has not been enacted to new text end 37.7 new text begin appropriate money to the commissioner of natural resources for environmental review and new text end 37.8 new text begin permitting activities of the Department of Natural Resources: new text end 37.9 new text begin (1) a permit granted by the commissioner may not be terminated or suspended for the new text end 37.10 new text begin term of the permit nor shall it expire without the consent of the permittee, except for breach new text end 37.11 new text begin or nonperformance of any condition of the permit by the permittee that is an imminent threat new text end 37.12 new text begin to impair or destroy the environment or injure the health, safety, or welfare of the citizens new text end 37.13 new text begin of the state; and new text end 37.14 new text begin (2) environmental review and permit application work on environmental review and new text end 37.15 new text begin permits filed before July 1 of that year must not be suspended or terminated. new text end 37.16 new text begin (b) Paragraph (a), clause (1), applies until legislation appropriating money to the new text end 37.17 new text begin commissioner for the environmental review and permitting activities is enacted. new text end 37.18    Sec. 5. Minnesota Statutes 2016, section 84.027, is amended by adding a subdivision to 37.19read: 37.20     new text begin Subd. 14d. new text end new text begin Unadopted rules. new text end new text begin (a) The commissioner of natural resources must not enforce new text end 37.21 new text begin or attempt to enforce an unadopted rule. For the purposes of this subdivision, "unadopted new text end 37.22 new text begin rule" means a guideline, bulletin, criterion, manual standard, interpretive statement, or new text end 37.23 new text begin similar pronouncement, if the guideline, bulletin, criterion, manual standard, interpretive new text end 37.24 new text begin statement, or similar pronouncement meets the definition of a rule as defined under section new text end 37.25 new text begin 14.02, subdivision 4, but has not been adopted according to the rulemaking process provided new text end 37.26 new text begin under chapter 14. If an unadopted rule is challenged under section 14.381, the commissioner new text end 37.27 new text begin must overcome a presumption against the unadopted rule. new text end 37.28 new text begin (b) If the commissioner incorporates by reference an internal guideline, bulletin, criterion, new text end 37.29 new text begin manual standard, interpretive statement, or similar pronouncement into a statute, rule, or new text end 37.30 new text begin standard, the commissioner must follow the rulemaking process provided under chapter 14 new text end 37.31 new text begin to amend or revise any such guideline, bulletin, criterion, manual standard, interpretive new text end 37.32 new text begin statement, or similar pronouncement. new text end 38.1    Sec. 6. Minnesota Statutes 2016, section 84.788, subdivision 2, is amended to read: 38.2    Subd. 2. Exemptions. Registration is not required for off-highway motorcycles: 38.3(1) owned and used by the United States, an Indian tribal government, the state, another 38.4state, or a political subdivision; 38.5(2) registered in another state or country that have not been within this state for more 38.6than 30 consecutive days; 38.7(3) registered under chapter 168, when operated on forest roads to gain access to a state 38.8forest campground; 38.9(4) used exclusively in organized track racing events; 38.10(5) operated on state or grant-in-aid trails by a nonresident possessing a nonresident 38.11off-highway motorcycle state trail pass; or 38.12(6) operated by a person participating in an event for which the commissioner has issued 38.13a special use permit. new text begin ; or new text end 38.14 new text begin (7) operated on boundary trails and registered in another state or country providing equal new text end 38.15 new text begin reciprocal registration or licensing exemptions for registrants of this state. new text end 38.16    Sec. 7. Minnesota Statutes 2016, section 84.793, subdivision 1, is amended to read: 38.17    Subdivision 1. Prohibitions on youthful operators. (a) A person new text begin six years or older but new text end 38.18less than 16 years of age operating an off-highway motorcycle on public lands or waters 38.19must possess a valid off-highway motorcycle safety certificate issued by the commissioner. 38.20(b) Except for operation on public road rights-of-way that is permitted under section 38.2184.795 , subdivision 1, a driver's license issued by the state or another state is required to 38.22operate an off-highway motorcycle along or on a public road right-of-way. 38.23(c) A person under 12 years of age may not: 38.24(1) make a direct crossing of a public road right-of-way; 38.25(2) operate an off-highway motorcycle on a public road right-of-way in the state; or 38.26(3) operate an off-highway motorcycle on public lands or waters unless accompanied 38.27by a person 18 years of age or older or participating in an event for which the commissioner 38.28has issued a special use permit. 38.29(d) Except for public road rights-of-way of interstate highways, a person less than 16 38.30years of age may make a direct crossing of a public road right-of-way of a trunk, county 39.1state-aid, or county highway only if that person is accompanied by a person 18 years of age 39.2or older who holds a valid driver's license. 39.3(e) A person less than 16 years of age may operate an off-highway motorcycle on public 39.4road rights-of-way in accordance with section 84.795, subdivision 1, paragraph (a), only if 39.5that person is accompanied by a person 18 years of age or older who holds a valid driver's 39.6license. 39.7(f) Notwithstanding paragraph (a), a nonresident less than 16 years of age may operate 39.8an off-highway motorcycle on public lands or waters if the nonresident youth has in 39.9possession evidence of completing an off-road safety course offered by the Motorcycle 39.10Safety Foundation or another state as provided in section 84.791, subdivision 4. 39.11    Sec. 8. Minnesota Statutes 2016, section 84.8031, is amended to read: 39.1284.8031 GRANT-IN-AID APPLICATIONS; REVIEW PERIOD. 39.13The commissioner must review an off-road vehicle grant-in-aid application and, if 39.14approved, commence new text begin begin new text end public review of the application within 60 days after the 39.15completed application has been locally approved and submitted to an area parks and trails 39.16office. If the commissioner fails to approve or deny the application within 60 days after 39.17submission, the application is deemed approved and the commissioner must provide for a 39.1830-day public review period. new text begin If the commissioner denies an application, the commissioner new text end 39.19 new text begin must provide the applicant with a written explanation for denying the application at the time new text end 39.20 new text begin the applicant is notified of the denial. new text end 39.21    Sec. 9. Minnesota Statutes 2016, section 84.82, subdivision 2, is amended to read: 39.22    Subd. 2. Application, issuance, issuing fee. (a) Application for registration or 39.23reregistration shall be made to the commissioner or an authorized deputy registrar of motor 39.24vehicles in a format prescribed by the commissioner and shall state the legal name and 39.25address of every owner of the snowmobile. 39.26    (b) A person who purchases a snowmobile from a retail dealer shall make application 39.27for registration to the dealer at the point of sale. The dealer shall issue a dealer temporary 39.2821-day registration permit to each purchaser who applies to the dealer for registration. The 39.29temporary permit must contain the dealer's identification number and phone number. Each 39.30retail dealer shall submit completed registration and fees to the deputy registrar at least once 39.31a week. No fee may be charged by a dealer to a purchaser for providing the temporary 39.32permit. 40.1    (c) Upon receipt of the application and the appropriate fee, the commissioner or deputy 40.2registrar shall issue to the applicant, or provide to the dealer, an assigned registration number 40.3or a commissioner or deputy registrar temporary 21-day permit. Once issued, the registration 40.4number must be affixed to the snowmobile in a clearly visible and permanent manner for 40.5enforcement purposes as the commissioner of natural resources shall prescribe. A dealer 40.6subject to paragraph (b) shall provide the registration materials or temporary permit to the 40.7purchaser within the temporary 21-day permit period. The registration is not valid unless 40.8signed by at least one owner. 40.9    (d) Each deputy registrar of motor vehicles acting pursuant to section 168.33, shall also 40.10be a deputy registrar of snowmobiles. The commissioner of natural resources in agreement 40.11with the commissioner of public safety may prescribe the accounting and procedural 40.12requirements necessary to assure efficient handling of registrations and registration fees. 40.13Deputy registrars shall strictly comply with these accounting and procedural requirements. 40.14    (e) A fee of $2 In addition to that otherwise new text begin other fees new text end prescribed by law shall be charged 40.15for new text begin , an issuing fee of $4.50 is charged for each snowmobile registration renewal, duplicate new text end 40.16 new text begin or replacement registration card, and replacement decal and an issuing fee of $7 is charged new text end 40.17 new text begin for each snowmobile registration and registration transfer issued by new text end : 40.18    (1) each snowmobile registered by the new text begin a new text end registrar or a deputy registrar and the additional 40.19fee shall be disposed of new text begin must be deposited new text end in the manner provided in section 168.33, 40.20subdivision 2 ; or 40.21    (2) each snowmobile registered by the commissioner and the additional fee shall new text begin must new text end 40.22be deposited in the state treasury and credited to the snowmobile trails and enforcement 40.23account in the natural resources fund. 40.24    Sec. 10. Minnesota Statutes 2016, section 84.925, subdivision 1, is amended to read: 40.25    Subdivision 1. Program established. (a) The commissioner shall establish a 40.26comprehensive all-terrain vehicle environmental and safety education and training program, 40.27including the preparation and dissemination of vehicle information and safety advice to the 40.28public, the training of all-terrain vehicle operators, and the issuance of all-terrain vehicle 40.29safety certificates to vehicle operators over the age of 12 years who successfully complete 40.30the all-terrain vehicle environmental and safety education and training course. new text begin A parent or new text end 40.31 new text begin guardian must be present at the hands-on training portion of the program for youth who are new text end 40.32 new text begin six through ten years of age. new text end 41.1    (b) For the purpose of administering the program and to defray the expenses of training 41.2and certifying vehicle operators, the commissioner shall collect a fee from each person who 41.3receives the training. The commissioner shall collect a fee, to include a $1 issuing fee for 41.4licensing agents, for issuing a duplicate all-terrain vehicle safety certificate. The 41.5commissioner shall establish both fees in a manner that neither significantly overrecovers 41.6nor underrecovers costs, including overhead costs, involved in providing the services. The 41.7fees are not subject to the rulemaking provisions of chapter 14 and section 14.386 does not 41.8apply. The fees may be established by the commissioner notwithstanding section 16A.1283. 41.9Fee proceeds, except for the issuing fee for licensing agents under this subdivision, shall 41.10be deposited in the all-terrain vehicle account in the natural resources fund and the amount 41.11thereof, except for the electronic licensing system commission established by the 41.12commissioner under section 84.027, subdivision 15, and issuing fees collected by the 41.13commissioner, is appropriated annually to the Enforcement Division of the Department of 41.14Natural Resources for the administration of the programs. In addition to the fee established 41.15by the commissioner, instructors may charge each person up to the established fee amount 41.16for class materials and expenses. 41.17    (c) The commissioner shall cooperate with private organizations and associations, private 41.18and public corporations, and local governmental units in furtherance of the program 41.19established under this section. School districts may cooperate with the commissioner and 41.20volunteer instructors to provide space for the classroom portion of the training. The 41.21commissioner shall consult with the commissioner of public safety in regard to training 41.22program subject matter and performance testing that leads to the certification of vehicle 41.23operators. The commissioner shall incorporate a riding component in the safety education 41.24and training program. 41.25    Sec. 11. Minnesota Statutes 2016, section 84.9256, subdivision 1, is amended to read: 41.26    Subdivision 1. Prohibitions on youthful operators. (a) Except for operation on public 41.27road rights-of-way that is permitted under section 84.928 and as provided under paragraph 41.28(j), a driver's license issued by the state or another state is required to operate an all-terrain 41.29vehicle along or on a public road right-of-way. 41.30    (b) A person under 12 years of age shall not: 41.31    (1) make a direct crossing of a public road right-of-way; 41.32    (2) operate an all-terrain vehicle on a public road right-of-way in the state; or 42.1    (3) operate an all-terrain vehicle on public lands or waters, except as provided in 42.2paragraph (f). 42.3    (c) Except for public road rights-of-way of interstate highways, a person 12 years of age 42.4but less than 16 years may make a direct crossing of a public road right-of-way of a trunk, 42.5county state-aid, or county highway or operate on public lands and waters or state or 42.6grant-in-aid trails, only if that person possesses a valid all-terrain vehicle safety certificate 42.7issued by the commissioner and is accompanied by a person 18 years of age or older who 42.8holds a valid driver's license. 42.9    (d) To be issued an all-terrain vehicle safety certificate, a person at least 12 years old, 42.10but less than 16 years old, must: 42.11    (1) successfully complete the safety education and training program under section 84.925, 42.12subdivision 1, including a riding component; and 42.13    (2) be able to properly reach and control the handle bars and reach the foot pegs while 42.14sitting upright on the seat of the all-terrain vehicle. 42.15    (e) A person at least 11 new text begin six new text end years of age may take the safety education and training 42.16program and may receive an all-terrain vehicle safety certificate under paragraph (d), but 42.17the certificate is not valid until the person reaches age 12. 42.18    (f) A person at least ten years of age but under 12 years of age may operate an all-terrain 42.19vehicle with an engine capacity up to 90cc new text begin 110cc if the vehicle is a class 1 all-terrain vehicle new text end 42.20 new text begin with straddle-style seating or up to 170cc if the vehicle is a class 1 all-terrain vehicle with new text end 42.21 new text begin side-by-side-style seating new text end on public lands or waters if accompanied by a parent or legal 42.22guardian. 42.23    (g) A person under 15 years of age shall not operate a class 2 all-terrain vehicle. 42.24    (h) A person under the age of 16 may not operate an all-terrain vehicle on public lands 42.25or waters or on state or grant-in-aid trails if the person cannot properly reach and control new text begin : new text end 42.26     new text begin (1) new text end the handle bars and reach the foot pegs while sitting upright on the seat of the 42.27all-terrain vehicle new text begin with straddle-style seating; or new text end 42.28     new text begin (2) the steering wheel and foot controls of a class 1 all-terrain vehicle with new text end 42.29 new text begin side-by-side-style seating while sitting upright in the seat with the seat belt fully engaged new text end . 42.30(i) Notwithstanding paragraph (c), a nonresident at least 12 years old, but less than 16 42.31years old, may make a direct crossing of a public road right-of-way of a trunk, county 43.1state-aid, or county highway or operate an all-terrain vehicle on public lands and waters or 43.2state or grant-in-aid trails if: 43.3(1) the nonresident youth has in possession evidence of completing an all-terrain safety 43.4course offered by the ATV Safety Institute or another state as provided in section 84.925, 43.5subdivision 3; and 43.6(2) the nonresident youth is accompanied by a person 18 years of age or older who holds 43.7a valid driver's license. 43.8(j) A person 12 years of age but less than 16 years of age may operate an all-terrain 43.9vehicle on the roadway, bank, slope, or ditch of a public road right-of-way as permitted 43.10under section 84.928 if the person: 43.11(1) possesses a valid all-terrain vehicle safety certificate issued by the commissioner; 43.12and 43.13(2) is accompanied by a parent or legal guardian on a separate all-terrain vehicle. 43.14    Sec. 12. Minnesota Statutes 2016, section 84.9256, subdivision 2, is amended to read: 43.15    Subd. 2. Helmet and seat belts required. (a) A person less than 18 years of age shall 43.16not ride as a passenger or as an operator of an all-terrain vehicle on public land, public 43.17waters, or on a public road right-of-way unless wearing a safety helmet approved by the 43.18commissioner of public safety. 43.19    (b) A person less than 18 years of age shall not ride as a passenger or as an operator of 43.20a class 2 new text begin an new text end all-terrain vehicle without wearing a seat belt when provided by the manufacturer. 43.21    Sec. 13. Minnesota Statutes 2016, section 84.946, subdivision 2, is amended to read: 43.22    Subd. 2. Standards. (a) An appropriation for asset preservation may be used only for a 43.23capital expenditure on a capital asset previously owned by the state, within the meaning of 43.24generally accepted accounting principles as applied to public expenditures. The commissioner 43.25of natural resources will consult with the commissioner of management and budget to the 43.26extent necessary to ensure this and will furnish the commissioner of management and budget 43.27a list of projects to be financed from the account in order of their priority. The legislature 43.28assumes that many projects for preservation and replacement of portions of existing capital 43.29assets will constitute betterments and capital improvements within the meaning of the 43.30Constitution and capital expenditures under generally accepted accounting principles, and 43.31will be financed more efficiently and economically under this section than by direct 43.32appropriations for specific projects. 44.1(b) An appropriation for asset preservation must not be used to acquire land or to acquire 44.2or construct buildings or other facilities. 44.3(c) Capital budget expenditures for natural resource asset preservation and replacement 44.4projects must be for one or more of the following types of capital projects that support the 44.5existing programmatic mission of the department: code compliance including health and 44.6safety, Americans with Disabilities Act requirements, hazardous material abatement, access 44.7improvement, or air quality improvement; building energy efficiency improvements using 44.8current best practices; building or infrastructure repairs necessary to preserve the interior 44.9and exterior of existing buildings; new text begin projects to remove life safety hazards such as building new text end 44.10 new text begin code violations or structural defects; new text end or renovation of other existing improvements to land, 44.11including but not limited to trails and bridges. 44.12(d) Up to ten percent of an appropriation awarded under this section may be used for 44.13design costs for projects eligible to be funded from this account in anticipation of future 44.14funding from the account. 44.15    Sec. 14. Minnesota Statutes 2016, section 84.946, is amended by adding a subdivision to 44.16read: 44.17     new text begin Subd. 4. new text end new text begin Priorities; report. new text end new text begin The commissioner of natural resources must establish new text end 44.18 new text begin priorities for natural resource asset preservation and replacement projects. By January 15 new text end 44.19 new text begin each year, the commissioner must submit to the commissioner of management and budget new text end 44.20 new text begin a list of the projects that have been paid for with money from a natural resource asset new text end 44.21 new text begin preservation and replacement appropriation during the preceding calendar year. new text end 44.22    Sec. 15. Minnesota Statutes 2016, section 84.992, subdivision 3, is amended to read: 44.23    Subd. 3. Training and mentoring. The commissioner must develop and implement a 44.24training program that adequately prepares Minnesota Naturalist Corps members for the 44.25tasks assigned. Each corps member shall be new text begin is new text end assigned a state park new text begin an interpretive new text end naturalist 44.26as a mentor. 44.27    Sec. 16. Minnesota Statutes 2016, section 84.992, subdivision 4, is amended to read: 44.28    Subd. 4. Uniform patch new text begin pin new text end . Uniforms worn by members of the Minnesota Naturalist 44.29Corps must have a patch new text begin pin new text end that includes the name of the Minnesota Naturalist Corps and 44.30information that the program is funded by the clean water, land, and legacy amendment to 44.31the Minnesota Constitution adopted by the voters in November 2008. 45.1    Sec. 17. Minnesota Statutes 2016, section 84.992, subdivision 5, is amended to read: 45.2    Subd. 5. Eligibility. A person is eligible to enroll in the Minnesota Naturalist Corps if 45.3the person: 45.4(1) is a permanent resident of the state; 45.5(2) is a participant in an approved college internship program or has a postsecondary 45.6degree in a new text begin field related to new text end natural resource new text begin resources, cultural history, interpretation, new text end or 45.7conservation related field; and 45.8(3) has completed at least one year of postsecondary education. 45.9    Sec. 18. Minnesota Statutes 2016, section 84.992, subdivision 6, is amended to read: 45.10    Subd. 6. Corps member status. Minnesota Naturalist Corps members are not eligible 45.11for unemployment benefits if their services are excluded under section , subdivision 45.1220, and are not eligible for other benefits except workers' compensation. The corps members 45.13are not employees of the state within the meaning of section 43A.02, subdivision 21. 45.14    Sec. 19. Minnesota Statutes 2016, section 84D.03, subdivision 3, is amended to read: 45.15    Subd. 3. Bait harvest from infested waters. (a) Taking wild animals from infested 45.16waters for bait or aquatic farm purposes is prohibited, except as provided in paragraph (b), 45.17(c), or (d), and section 97C.341. 45.18    (b) In waters that are listed as infested waters, except those listed as infested with 45.19prohibited invasive species of fish or certifiable diseases of fish, as defined under section 45.2017.4982, subdivision 6 , taking wild animals may be permitted for: 45.21    (1) commercial taking of wild animals for bait and aquatic farm purposes as provided 45.22in a permit issued under section 84D.11, subject to rules adopted by the commissioner; and 45.23    (2) bait purposes for noncommercial personal use in waters that contain Eurasian 45.24watermilfoil, when the infested waters are listed solely because they contain Eurasian 45.25watermilfoil and if the equipment for taking is limited to cylindrical minnow traps not 45.26exceeding 16 inches in diameter and 32 inches in length. 45.27(c) In streams or rivers that are listed as infested waters, except those listed as infested 45.28with certifiable diseases of fish, as defined under section 17.4982, subdivision 6, the harvest 45.29of bullheads, goldeyes, mooneyes, sheepshead (freshwater drum), and suckers for bait by 45.30hook and line for noncommercial personal use is allowed as follows: 46.1(1) fish taken under this paragraph must be used on the same body of water where caught 46.2and while still on that water body. Where the river or stream is divided by barriers such as 46.3dams, the fish must be caught and used on the same section of the river or stream; 46.4(2) fish taken under this paragraph may not be transported live from or off the water 46.5body; 46.6(3) fish harvested under this paragraph may only be used in accordance with this section; 46.7(4) any other use of wild animals used for bait from infested waters is prohibited; 46.8(5) fish taken under this paragraph must meet all other size restrictions and requirements 46.9as established in rules; and 46.10(6) all species listed under this paragraph shall be included in the person's daily limit as 46.11established in rules, if applicable. 46.12(d) In the Mississippi River downstream of St. Anthony Falls and the St. Croix River 46.13downstream of the dam at Taylors Falls, including portions described as 46.14Minnesota-Wisconsin boundary waters in Minnesota Rules, part 6266.0500, subpart 1, items 46.15A and B, the harvest of gizzard shad by cast net for noncommercial personal use as bait for 46.16angling, as provided in a permit issued under section 84D.11, is allowed as follows: 46.17    (1) nontarget species must immediately be returned to the water; 46.18(2) gizzard shad taken under this paragraph must be used on the same body of water 46.19where caught and while still on that water body. Where the river is divided by barriers such 46.20as dams, the gizzard shad must be caught and used on the same section of the river; 46.21(3) gizzard shad taken under this paragraph may not be transported off the water body; 46.22and 46.23(4) gizzard shad harvested under this paragraph may only be used in accordance with 46.24this section. 46.25This paragraph expires December 1, 2017. 46.26    (e) Equipment authorized for minnow harvest in a listed infested water by permit issued 46.27under paragraph (b) may not be transported to, or used in, any waters other than waters 46.28specified in the permit. 46.29 new text begin (f) Bait intended for sale may not be held in infested water after taking and before sale, new text end 46.30 new text begin unless authorized under a license or permit according to Minnesota Rules, part 6216.0500. new text end 47.1    Sec. 20. Minnesota Statutes 2016, section 84D.03, subdivision 4, is amended to read: 47.2    Subd. 4. Commercial fishing and turtle, frog, and crayfish harvesting restrictions 47.3in infested and noninfested waters. (a) All nets, traps, buoys, anchors, stakes, and lines 47.4used for commercial fishing or turtle, frog, or crayfish harvesting in an infested water that 47.5is listed because it contains invasive fish, invertebrates, or certifiable diseases, as defined 47.6in section 17.4982, may not be used in any other waters. If a commercial licensee operates 47.7in an infested water listed because it contains invasive fish, invertebrates, or certifiable 47.8diseases, as defined in section , all nets, traps, buoys, anchors, stakes, and lines used 47.9for commercial fishing or turtle, frog, or crayfish harvesting in waters listed as infested with 47.10invasive fish, invertebrates, or certifiable diseases, as defined in section , must be 47.11tagged with tags provided by the commissioner, as specified in the commercial licensee's 47.12license or permit. new text begin Tagged gear must not be used in water bodies other than those specified new text end 47.13 new text begin in the license or permit. The permit may authorize department staff to remove tags after the new text end 47.14 new text begin gear is decontaminated. new text end This tagging requirement does not apply to commercial fishing 47.15equipment used in Lake Superior. 47.16(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle, 47.17frog, or crayfish harvesting in an infested water that is listed solely because it contains 47.18Eurasian watermilfoil must be dried for a minimum of ten days or frozen for a minimum 47.19of two days before they are used in any other waters, except as provided in this paragraph. 47.20Commercial licensees must notify the department's regional or area fisheries office or a 47.21conservation officer before removing nets or equipment from an infested water listed solely 47.22because it contains Eurasian watermilfoil and before resetting those nets or equipment in 47.23any other waters. Upon notification, the commissioner may authorize a commercial licensee 47.24to move nets or equipment to another water without freezing or drying, if that water is listed 47.25as infested solely because it contains Eurasian watermilfoil. 47.26(c) A commercial licensee must remove all aquatic macrophytes from nets and other 47.27equipment before placing the equipment into waters of the state. 47.28(d) The commissioner shall provide a commercial licensee with a current listing of listed 47.29infested waters at the time that a license or permit is issued. 47.30    Sec. 21. Minnesota Statutes 2016, section 84D.04, subdivision 1, is amended to read: 47.31    Subdivision 1. Classes. The commissioner shall, as provided in this chapter, classify 47.32nonnative species of aquatic plants and wild animals new text begin , including subspecies, genotypes, new text end 47.33 new text begin cultivars, hybrids, or genera of nonnative species, new text end according to the following categories: 48.1(1) prohibited invasive species, which may not be possessed, imported, purchased, sold, 48.2propagated, transported, or introduced except as provided in section 84D.05; 48.3(2) regulated invasive species, which may not be introduced except as provided in section 48.484D.07 ; 48.5(3) unlisted nonnative species, which are subject to the classification procedure in section 48.684D.06 ; and 48.7(4) unregulated nonnative species, which are not subject to regulation under this chapter. 48.8    Sec. 22. Minnesota Statutes 2016, section 84D.05, subdivision 1, is amended to read: 48.9    Subdivision 1. Prohibited activities. A person may not possess, import, purchase, sell, 48.10propagate, transport, or introduce a prohibited invasive species, except: 48.11(1) under a permit issued by the commissioner under section 84D.11; 48.12(2) in the case of purple loosestrife, as provided by sections 18.75 to 18.88; 48.13(3) under a restricted species permit issued under section 17.457; 48.14(4) when being transported to the department, or another destination as the commissioner 48.15may direct, in a sealed container for purposes of identifying the species or reporting the 48.16presence of the species; 48.17(5) when being transported for disposal as part of a harvest or control activity when 48.18specifically authorized under a permit issued by the commissioner according to section 48.19103G.615 , when being transported for disposal as specified under a commercial fishing 48.20license issued by the commissioner according to section 97A.418, 97C.801, 97C.811, 48.2197C.825 , 97C.831, or 97C.835, or when being transported as specified by the commissioner; 48.22(6) when being removed from watercraft and equipment, or caught while angling, and 48.23immediately returned to the water from which they came; or 48.24 new text begin (7) when being transported from riparian property to a legal disposal site that is at least new text end 48.25 new text begin 100 feet from any surface water, ditch, or seasonally flooded land, provided the prohibited new text end 48.26 new text begin invasive species are in a covered commercial vehicle specifically designed and used for new text end 48.27 new text begin hauling trash; or new text end 48.28(7) new text begin (8) new text end as the commissioner may otherwise prescribe by rule. 49.1    Sec. 23. Minnesota Statutes 2016, section 84D.108, subdivision 2a, is amended to read: 49.2    Subd. 2a. Lake Minnetonka pilot study. (a) The commissioner may issue an additional 49.3permit to service providers to return to Lake Minnetonka water-related equipment with 49.4zebra mussels attached after the equipment has been seasonally stored, serviced, or repaired. 49.5The permit must include verification and documentation requirements and any other 49.6conditions the commissioner deems necessary. 49.7(b) Water-related equipment with zebra mussels attached may be returned only to Lake 49.8Minnetonka (DNR Division of Waters number 27-0133) by service providers permitted 49.9under subdivision 1. 49.10(c) The service provider's place of business must be within the Lake Minnetonka 49.11Conservation District as established according to sections 103B.601 to 103B.645 new text begin or within new text end 49.12 new text begin a municipality immediately bordering the Lake Minnetonka Conservation District's new text end 49.13 new text begin boundaries new text end . 49.14(d) A service provider applying for a permit under this subdivision must, if approved 49.15for a permit and before the permit is valid, furnish a corporate surety bond in favor of the 49.16state for $50,000 payable upon violation of this chapter new text begin while the service provider is acting new text end 49.17 new text begin under a permit issued according to this subdivision new text end . 49.18(e) This subdivision expires December 1, 2018 new text begin 2019 new text end . 49.19    Sec. 24. Minnesota Statutes 2016, section 84D.108, is amended by adding a subdivision 49.20to read: 49.21     new text begin Subd. 2b. new text end new text begin Gull Lake pilot study. new text end new text begin (a) The commissioner may include an additional new text end 49.22 new text begin targeted pilot study to include water-related equipment with zebra mussels attached for the new text end 49.23 new text begin Gull Narrows State Water Access Site, Government Point State Water Access Site, and new text end 49.24 new text begin Gull East State Water Access Site on Gull Lake (DNR Division of Waters number 11-0305) new text end 49.25 new text begin in Cass and Crow Wing Counties using the same authorities, general procedures, and new text end 49.26 new text begin requirements provided for the Lake Minnetonka pilot project in subdivision 2a. Lake service new text end 49.27 new text begin providers participating in the Gull Lake targeted pilot study place of business must be located new text end 49.28 new text begin in Cass or Crow Wing County. new text end 49.29 new text begin (b) If an additional targeted pilot project for Gull Lake is implemented under this section, new text end 49.30 new text begin the report to the chairs and ranking minority members of the senate and house of new text end 49.31 new text begin representatives committees having jurisdiction over natural resources required under Laws new text end 49.32 new text begin 2016, chapter 189, article 3, section 48, must also include the Gull Lake targeted pilot study new text end 49.33 new text begin recommendations and assessments. new text end 50.1 new text begin (c) This subdivision expires December 1, 2019. new text end 50.2    Sec. 25. Minnesota Statutes 2016, section 84D.108, is amended by adding a subdivision 50.3to read: 50.4     new text begin Subd. 2c. new text end new text begin Cross Lake pilot study. new text end new text begin (a) The commissioner may include an additional new text end 50.5 new text begin targeted pilot study to include water-related equipment with zebra mussels attached for the new text end 50.6 new text begin Cross Lake #1 State Water Access Site on Cross Lake (DNR Division of Waters number new text end 50.7 new text begin 18-0312) in Crow Wing County using the same authorities, general procedures, and new text end 50.8 new text begin requirements provided for the Lake Minnetonka pilot project in subdivision 2a. The place new text end 50.9 new text begin of business of lake service providers participating in the Cross Lake targeted pilot study new text end 50.10 new text begin must be located in Cass or Crow Wing County. new text end 50.11 new text begin (b) If an additional targeted pilot project for Cross Lake is implemented under this new text end 50.12 new text begin section, the report to the chairs and ranking minority members of the senate and house of new text end 50.13 new text begin representatives committees having jurisdiction over natural resources required under Laws new text end 50.14 new text begin 2016, chapter 189, article 3, section 48, must also include the Cross Lake targeted pilot new text end 50.15 new text begin study recommendations and assessments. new text end 50.16 new text begin (c) This subdivision expires December 1, 2019. new text end 50.17    Sec. 26. Minnesota Statutes 2016, section 84D.11, is amended by adding a subdivision to 50.18read: 50.19     new text begin Subd. 1a. new text end new text begin Permit for invasive carp. new text end new text begin The commissioner may issue a permit to new text end 50.20 new text begin departmental divisions for tagging bighead, black, grass, or silver carp for research or new text end 50.21 new text begin control. Under the permit, the carp may be released into the water body from which the carp new text end 50.22 new text begin was captured. This subdivision expires December 31, 2021. new text end 50.23    Sec. 27. new text begin [85.0507] FORT RIDGELY GOLF COURSE; GOLF CARTS. new text end 50.24 new text begin The commissioner may by contract, concession agreement, or lease, authorize the use new text end 50.25 new text begin of golf carts on the golf course at Fort Ridgely State Park. new text end 50.26    Sec. 28. Minnesota Statutes 2016, section 85.052, subdivision 1, is amended to read: 50.27    Subdivision 1. Authority to establish. (a) The commissioner may establish, by written 50.28order, provisions for the use of state parks for the following: 50.29(1) special parking space for automobiles or other motor-driven vehicles in a state park 50.30or state recreation area; 51.1(2) special parking spurs, campgrounds for automobiles, sites for tent camping, new text begin other new text end 51.2 new text begin types of lodging, camping, or day use facilities, new text end and special auto trailer coach parking spaces, 51.3for the use of the individual charged for the space new text begin or facility new text end ; 51.4(3) improvement and maintenance of golf courses already established in state parks, and 51.5charging reasonable use fees; and 51.6(4) providing water, sewer, and electric service to trailer or tent campsites and charging 51.7a reasonable use fee. 51.8(b) Provisions established under paragraph (a) are exempt from section 16A.1283 and 51.9the rulemaking provisions of chapter 14. Section 14.386 does not apply. 51.10 new text begin (c) For the purposes of this subdivision, "lodging" means an enclosed shelter, room, or new text end 51.11 new text begin building with furnishings for overnight use. new text end 51.12    Sec. 29. Minnesota Statutes 2016, section 85.053, subdivision 8, is amended to read: 51.13    Subd. 8. new text begin Free permit; new text end military personnel; exemption. (a) A one-day permit, new text begin Annual new text end 51.14 new text begin permits new text end under subdivision 4, shall new text begin 1 must new text end be issued without a fee for a motor vehicle being 51.15used by a person who is serving in new text begin to new text end active military service new text begin personnel new text end in any branch or unit 51.16of the United States armed forces and who is stationed outside Minnesota, during the period 51.17of active service and for 90 days immediately thereafter, if the new text begin or their dependents and to new text end 51.18 new text begin recipients of a Purple Heart medal. To qualify for a free permit under this subdivision, a new text end 51.19person presents the person's current military orders new text begin must present qualifying military new text end 51.20 new text begin identification or an annual pass for the United States military issued through the National new text end 51.21 new text begin Parks and Federal Recreational Lands Pass program new text end to the park attendant on duty or other 51.22designee of the commissioner. 51.23    (b) For purposes of this section, "active service" has the meaning given under section 51.24190.05, subdivision 5c , when performed outside Minnesota new text begin subdivision, the commissioner new text end 51.25 new text begin shall establish what constitutes qualifying military identification in the State Register new text end . 51.26(c) A permit is not required for a motor vehicle being used by military personnel or their 51.27dependents who have in their possession the annual pass for United States military and their 51.28dependents issued by the federal government for access to federal recreation sites new text begin For new text end 51.29 new text begin vehicles permitted under paragraph (a), the permit or decal issued under this subdivision is new text end 51.30 new text begin valid only when displayed on a vehicle owned and occupied by the person to whom the new text end 51.31 new text begin permit is issued new text end . 51.32 new text begin (d) The commissioner may issue a daily vehicle permit free of charge to an individual new text end 51.33 new text begin who qualifies under paragraph (a) and does not own or operate a motor vehicle. new text end 52.1    Sec. 30. Minnesota Statutes 2016, section 85.053, subdivision 10, is amended to read: 52.2    Subd. 10. Free entrance new text begin permit new text end ; disabled veterans. new text begin (a) new text end The commissioner shall issue 52.3an annual park permit for no charge to any veteran with a total and permanent 52.4service-connected disability, and a daily park permit to any resident veteran with any level 52.5of service-connected disability, as determined by the United States Department of Veterans 52.6Affairs, who presents each year a copy of the veteran's determination letter new text begin or other official new text end 52.7 new text begin form of validation issued by the United States Department of Veterans Affairs or the United new text end 52.8 new text begin States Department of Defense new text end to a park attendant or commissioner's designee. For the 52.9purposes of this section new text begin subdivision new text end , "veteran" has the meaning given in section 197.447. 52.10     new text begin (b) For vehicles permitted under paragraph (a), the permit or decal issued under this new text end 52.11 new text begin subdivision is valid only when displayed on a vehicle owned and occupied by the person new text end 52.12 new text begin to whom the permit is issued. new text end 52.13     new text begin (c) The commissioner may issue a daily vehicle permit free of charge to an individual new text end 52.14 new text begin who qualifies under paragraph (a) and does not own or operate a motor vehicle. new text end 52.15    Sec. 31. Minnesota Statutes 2016, section 85.054, is amended by adding a subdivision to 52.16read: 52.17     new text begin Subd. 19. new text end new text begin Fort Ridgely golf course. new text end new text begin The commissioner may by contract, concession new text end 52.18 new text begin agreement, or lease waive a state park permit and associated fee for motor vehicle entry or new text end 52.19 new text begin parking for persons playing golf at the Fort Ridgely State Park golf course provided that new text end 52.20 new text begin the contract, concession agreement, or lease payment to the state is set, in part, to compensate new text end 52.21 new text begin the state park system for the loss of the state park fees. new text end 52.22    Sec. 32. Minnesota Statutes 2016, section 85.055, subdivision 1, is amended to read: 52.23    Subdivision 1. Fees. The fee for state park permits for: 52.24(1) an annual use of state parks is $25 new text begin $35 new text end ; 52.25(2) a second or subsequent vehicle state park permit is $18 new text begin $26 new text end ; 52.26(3) a state park permit valid for one day is $5 new text begin $7 new text end ; 52.27(4) a daily vehicle state park permit for groups is $3 new text begin $5 new text end ; 52.28(5) an annual permit for motorcycles is $20 new text begin $30 new text end ; 52.29(6) an employee's state park permit is without charge; and 53.1(7) a state park permit for persons with disabilities under section 85.053, subdivision 7, 53.2paragraph (a), clauses (1) to (3), is $12. 53.3The fees specified in this subdivision include any sales tax required by state law. 53.4    Sec. 33. Minnesota Statutes 2016, section 85.22, subdivision 2a, is amended to read: 53.5    Subd. 2a. Receipts, appropriation. All receipts derived from the rental or sale of state 53.6park items, tours at Forestville Mystery Cave State Park, new text begin interpretation programs, educational new text end 53.7 new text begin programs, new text end and operation of Douglas Lodge shall be deposited in the state treasury and be 53.8credited to the state parks working capital account. Receipts and expenses from Douglas 53.9Lodge shall be tracked separately within the account. Money in the account is annually 53.10appropriated for the purchase and payment of expenses attributable to items for resale or 53.11rental and operation of Douglas Lodge. Any excess receipts in this account are annually 53.12appropriated for state park management and interpretive programs. 53.13    Sec. 34. Minnesota Statutes 2016, section 85.32, subdivision 1, is amended to read: 53.14    Subdivision 1. Areas marked new text begin Designation new text end . The commissioner of natural resources is 53.15authorized in cooperation with local units of government and private individuals and groups 53.16when feasible to mark new text begin manage new text end state water trails on new text begin the Lake Superior water trail under new text end 53.17 new text begin section 85.0155 and on new text end the new text begin following rivers, which have historic, recreational, and scenic new text end 53.18 new text begin values: new text end Little Fork, Big Fork, Minnesota, St. Croix, Snake, Mississippi, Red Lake, Cannon, 53.19Straight, Des Moines, Crow Wing, St. Louis, Pine, Rum, Kettle, Cloquet, Root, Zumbro, 53.20Pomme de Terre within Swift County, Watonwan, Cottonwood, Whitewater, Chippewa 53.21from Benson in Swift County to Montevideo in Chippewa County, Long Prairie, Red River 53.22of the North, Sauk, Otter Tail, Redwood, Blue Earth, Cedar, Shell Rock, and new text begin Vermilion in new text end 53.23 new text begin St. Louis County, North Fork of the Crow, and South Fork of the new text end Crow Rivers, which have 53.24historic and scenic values, and to mark appropriately new text begin . The commissioner may map and sign new text end 53.25points of interest, new text begin public water access sites, new text end portages, camp sites, and all dams, rapids, 53.26waterfalls, whirlpools, and other serious hazards that are dangerous to canoe, kayak, and 53.27watercraft travelers. new text begin The commissioner may maintain passageway for watercraft on state new text end 53.28 new text begin water trails. new text end 53.29    Sec. 35. new text begin [85.47] SPECIAL USE PERMITS; FEES. new text end 53.30 new text begin Fees collected for special use permits to use state trails not on state forest, state park, or new text end 53.31 new text begin state recreation area lands and for use of state water access sites must be deposited in the new text end 53.32 new text begin natural resources fund. new text end 54.1    Sec. 36. Minnesota Statutes 2016, section 86B.301, subdivision 2, is amended to read: 54.2    Subd. 2. Exemptions. A watercraft license is not required for: 54.3(1) a watercraft that is covered by a license or number in full force and effect under 54.4federal law or a federally approved licensing or numbering system of another state, new text begin or a new text end 54.5 new text begin watercraft that is owned by a person from another state and that state does not require new text end 54.6 new text begin licensing that type of watercraft, new text end and new text begin the watercraft new text end has not been within this state for more 54.7than 90 consecutive days, which does not include days that a watercraft is laid up at dock 54.8over winter or for repairs at a Lake Superior port or another port in the state; 54.9(2) a watercraft from a country other than the United States that has not been within this 54.10state for more than 90 consecutive days, which does not include days that a watercraft is 54.11laid up at dock over winter or for repairs at a Lake Superior port or another port in the state; 54.12(3) a watercraft owned by the United States, an Indian tribal government, a state, or a 54.13political subdivision of a state, except watercraft used for recreational purposes; 54.14(4) a ship's lifeboat; 54.15(5) a watercraft that has been issued a valid marine document by the United States 54.16government; 54.17(6) a waterfowl boat during waterfowl-hunting season; 54.18(7) a rice boat during the harvest season; 54.19(8) a seaplane; 54.20(9) a nonmotorized watercraft ten feet in length or less; and 54.21(10) a watercraft that is covered by a valid license or number issued by a federally 54.22recognized Indian tribe in the state under a federally approved licensing or numbering system 54.23and that is owned by a member of that tribe. 54.24    Sec. 37. Minnesota Statutes 2016, section 86B.313, subdivision 1, is amended to read: 54.25    Subdivision 1. General requirements. (a) In addition to requirements of other laws 54.26relating to watercraft, a person may not operate or permit the operation of a personal 54.27watercraft: 54.28(1) without each person on board the personal watercraft wearing a United States Coast 54.29Guard (USCG) approved wearable personal flotation device with a new text begin that is approved by the new text end 54.30 new text begin United States Coast Guard (USCG) and has a new text end USCG label indicating it new text begin the flotation device new text end 54.31either is approved for or does not prohibit use with personal watercraft or water skiing; 55.1(2) between one hour before sunset and 9:30 a.m.; 55.2(3) at greater than slow-no wake speed within 150 feet of: 55.3(i) a shoreline; 55.4(ii) a dock; 55.5(iii) a swimmer; 55.6(iv) a raft used for swimming or diving; or 55.7(v) a moored, anchored, or nonmotorized watercraft; 55.8(4) while towing a person on water skis, a kneeboard, an inflatable craft, or any other 55.9device unless: 55.10(i) an observer is on board; or 55.11(ii) the personal watercraft is equipped with factory-installed or factory-specified 55.12accessory mirrors that give the operator a wide field of vision to the rear; 55.13(5) without the lanyard-type engine cutoff switch being attached to the person, clothing, 55.14or personal flotation device of the operator, if the personal watercraft is equipped by the 55.15manufacturer with such a device; 55.16(6) if any part of the spring-loaded throttle mechanism has been removed, altered, or 55.17tampered with so as to interfere with the return-to-idle system; 55.18(7) to chase or harass wildlife; 55.19(8) through emergent or floating vegetation at other than a slow-no wake speed; 55.20(9) in a manner that unreasonably or unnecessarily endangers life, limb, or property, 55.21including weaving through congested watercraft traffic, jumping the wake of another 55.22watercraft within 150 feet of the other watercraft, or operating the watercraft while facing 55.23backwards; 55.24(10) in any other manner that is not reasonable and prudent; or 55.25(11) without a personal watercraft rules decal, issued by the commissioner, attached to 55.26the personal watercraft so as to be in full view of the operator. 55.27(b) Paragraph (a), clause (3), does not apply to a person operating a personal watercraft 55.28to launch or land a person on water skis, a kneeboard, or similar device by the most direct 55.29route to open water. 56.1    Sec. 38. Minnesota Statutes 2016, section 86B.701, subdivision 3, is amended to read: 56.2    Subd. 3. Allocation of funding. (a) new text begin Notwithstanding section 16A.41, expenditures new text end 56.3 new text begin directly related to each appropriation's purpose made on or after January 1 of the fiscal year new text end 56.4 new text begin in which the grant is made or the date of work plan approval, whichever is later, are eligible new text end 56.5 new text begin for reimbursement unless otherwise provided. new text end 56.6 new text begin (b) new text end The amount of funds to be allocated under subdivisions 1 and 2 and shall be 56.7determined by the commissioner on the basis of the following criteria: 56.8(1) the number of watercraft using the waters wholly or partially within the county; 56.9(2) the number of watercraft using particular bodies of water, wholly or partially within 56.10the county, in relation to the size of the body of water and the type, speed, and size of the 56.11watercraft utilizing the water body; 56.12(3) the amount of water acreage wholly or partially within the county; 56.13(4) the overall performance of the county in the area of boat and water safety; 56.14(5) special considerations, such as volume of transient or nonresident watercraft use, 56.15number of rental watercraft, extremely large bodies of water wholly or partially in the 56.16county; or 56.17(6) any other factor as determined by the commissioner. 56.18(b) new text begin (c) new text end The commissioner may require reports from the counties, make appropriate 56.19surveys or studies, or utilize local surveys or studies to determine the criteria required in 56.20allocation funds. 56.21    Sec. 39. Minnesota Statutes 2016, section 88.01, subdivision 28, is amended to read: 56.22    Subd. 28. Prescribed burn. "Prescribed burn" means a fire that is intentionally ignited, 56.23managed, and controlled new text begin for the purpose of managing forests, prairies, or wildlife habitats new text end 56.24by an entity meeting certification requirements established by the commissioner for the 56.25purpose of managing vegetation. A prescribed burn that has exceeded its prescribed 56.26boundaries and requires new text begin immediate new text end suppression action new text begin by a local fire department or other new text end 56.27 new text begin agency with wildfire suppression responsibilities new text end is considered a wildfire. 56.28    Sec. 40. Minnesota Statutes 2016, section 88.523, is amended to read: 56.2988.523 AUXILIARY FOREST CONTRACTS; SUPPLEMENTAL AGREEMENTS. 57.1Upon application of the owner, any auxiliary forest contract may be made subject to any 57.2provisions of law enacted subsequent to the execution of the contract and in force at the 57.3time of application, so far as not already applicable, with the approval of the county board 57.4and the commissioner of natural resources. A supplemental agreement in a form new text begin format new text end 57.5prescribed by the commissioner and approved by the attorney general must be executed by 57.6the commissioner in behalf of the state and by the owner. The supplemental agreement must 57.7be filed and recorded in like manner as the supplemental contract under section 88.49, 57.8subdivision 9 , and takes effect upon filing and recording. 57.9    Sec. 41. Minnesota Statutes 2016, section 89.39, is amended to read: 57.1089.39 PURCHASE AGREEMENTS AND PENALTIES. 57.11Every individual, partnership, or private corporation to whom any planting stock is 57.12supplied for planting on private land hereunder shall new text begin under sections 89.35 to 89.39 must new text end 57.13execute an agreement, upon a form new text begin in a format new text end approved by the attorney general new text begin new text end 57.14 new text begin commissioner new text end , to comply with all the requirements of sections 89.35 to 89.39 and all 57.15conditions prescribed by the commissioner hereunder new text begin thereunder new text end . Any party to such an 57.16agreement who shall violate any provision thereof shall, new text begin violates the agreement is, new text end in addition 57.17to any other penalties that may be applicable, be liable to the state in a sum equal to three 57.18times the reasonable value of the trees affected by the violation at the time the same new text begin trees new text end 57.19were shipped for planting; provided, that if such new text begin the new text end trees are sold or offered for sale for 57.20any purpose not herein authorized, such new text begin under sections 89.35 to 89.39, the new text end penalty shall be new text begin new text end 57.21 new text begin is new text end equal to three times the sale price. Such new text begin The new text end penalties shall be new text begin are new text end recoverable in a civil 57.22action brought in the name of the state by the attorney general. 57.23    Sec. 42. Minnesota Statutes 2016, section 90.01, is amended by adding a subdivision to 57.24read: 57.25     new text begin Subd. 1a. new text end new text begin Affiliate. new text end new text begin "Affiliate" means a person who: new text end 57.26 new text begin (1) controls, is controlled by, or is under common control with any other person, new text end 57.27 new text begin including, without limitation, a partner, business entity with common ownership, or principal new text end 57.28 new text begin of any business entity or a subsidiary, parent company, or holding company of any person; new text end 57.29 new text begin or new text end 57.30 new text begin (2) bids as a representative for another person. new text end 58.1    Sec. 43. Minnesota Statutes 2016, section 90.01, subdivision 8, is amended to read: 58.2    Subd. 8. Permit holder. "Permit holder" means the person new text begin or affiliate of the person new text end who 58.3is the signatory of a permit to cut timber on state lands. 58.4    Sec. 44. Minnesota Statutes 2016, section 90.01, subdivision 12, is amended to read: 58.5    Subd. 12. Responsible bidder. "Responsible bidder" means a person new text begin or affiliate of a new text end 58.6 new text begin person new text end who is financially responsible; demonstrates the judgment, skill, ability, capacity, 58.7and integrity requisite and necessary to perform according to the terms of a permit issued 58.8under this chapter; and is not currently debarred by another new text begin a new text end government entity for any 58.9cause. 58.10    Sec. 45. Minnesota Statutes 2016, section 90.041, subdivision 2, is amended to read: 58.11    Subd. 2. Trespass on state lands. The commissioner may compromise and settle, with 58.12notification to the attorney general, upon terms the commissioner deems just, any claim of 58.13the state for casual and involuntary trespass upon state lands or timber; provided that no 58.14claim shall be settled for less than the full value of all timber or other materials taken in 58.15casual trespass or the full amount of all actual damage or loss suffered by the state as a 58.16result. Upon request, the commissioner shall advise the Executive Council of any information 58.17acquired by the commissioner concerning any trespass on state lands, giving all details and 58.18names of witnesses and all compromises and settlements made under this subdivision. 58.19    Sec. 46. Minnesota Statutes 2016, section 90.051, is amended to read: 58.2090.051 SUPERVISION OF SALES; BOND. 58.21The department employee delegated to supervise state timber appraisals and sales shall 58.22be bonded in a form to be prescribed by the attorney general new text begin commissioner new text end and in the sum 58.23of not less than $25,000, conditioned upon the faithful and honest performance of duties. 58.24    Sec. 47. Minnesota Statutes 2016, section 90.101, subdivision 2, is amended to read: 58.25    Subd. 2. Sale list and notice. At least 30 days before the date of sale, the commissioner 58.26shall compile a list containing a description of each tract of land upon which any timber to 58.27be offered is situated and a statement of the estimated quantity of timber and of the appraised 58.28price of each kind of timber thereon as shown by the report of the state appraiser. No 58.29description shall be added after the list is posted and no timber shall be sold from land not 58.30described in the list. Copies of the list shall new text begin must new text end be furnished to all interested applicants. 58.31 new text begin At least 30 days before the date of sale, new text end a copy of the list shall new text begin must new text end be new text begin posted on the Internet new text end 59.1 new text begin or new text end conspicuously posted in the forest office or other public facility most accessible to potential 59.2bidders at least 30 days prior to the date of sale. The commissioner shall cause a notice to 59.3be published once not less than one week before the date of sale in a legal newspaper in the 59.4county or counties where the land is situated. The notice shall state the time and place of 59.5the sale and the location at which further information regarding the sale may be obtained. 59.6The commissioner may give other published or posted notice as the commissioner deems 59.7proper to reach prospective bidders. 59.8    Sec. 48. Minnesota Statutes 2016, section 90.14, is amended to read: 59.990.14 AUCTION SALE PROCEDURE. 59.10(a) All state timber shall be offered and sold by the same unit of measurement as it was 59.11appraised. No tract shall be sold to any person other than the purchaser new text begin responsible bidder new text end 59.12in whose name the bid was made. The commissioner may refuse to approve any and all bids 59.13received and cancel a sale of state timber for good and sufficient reasons. 59.14(b) The purchaser at any sale of timber shall, immediately upon the approval of the bid, 59.15or, if unsold at public auction, at the time of purchase at a subsequent sale under section 59.1690.101 , subdivision 1, pay to the commissioner a down payment of 15 percent of the 59.17appraised value. In case any purchaser fails to make such payment, the purchaser shall be 59.18liable therefor to the state in a civil action, and the commissioner may reoffer the timber 59.19for sale as though no bid or sale under section 90.101, subdivision 1, therefor had been 59.20made. 59.21(c) In lieu of the scaling of state timber required by this chapter, a purchaser of state 59.22timber may, at the time of payment by the purchaser to the commissioner of 15 percent of 59.23the appraised value, elect in writing on a form new text begin format new text end prescribed by the attorney general new text begin new text end 59.24 new text begin commissioner new text end to purchase a permit based solely on the appraiser's estimate of the volume 59.25of timber described in the permit, provided that the commissioner has expressly designated 59.26the availability of such option for that tract on the list of tracts available for sale as required 59.27under section 90.101. A purchaser who elects in writing on a form new text begin format new text end prescribed by the 59.28attorney general new text begin commissioner new text end to purchase a permit based solely on the appraiser's estimate 59.29of the volume of timber described on the permit does not have recourse to the provisions 59.30of section 90.281. 59.31(d) In the case of a public auction sale conducted by a sealed bid process, tracts shall be 59.32awarded to the high bidder, who shall pay to the commissioner a down payment of 15 59.33percent of the appraised value that must be received or postmarked within 14 days of the 59.34date of the sealed bid opening. If a purchaser fails to make the down payment, the purchaser 60.1is liable for the down payment to the state and the commissioner may offer the timber for 60.2sale to the next highest bidder as though no higher bid had been made. 60.3(e) Except as otherwise provided by law, at the time the purchaser signs a permit issued 60.4under section 90.151, the commissioner shall require the purchaser to make a bid guarantee 60.5payment to the commissioner in an amount equal to 15 percent of the total purchase price 60.6of the permit less the down payment amount required by paragraph (b) for any bid increase 60.7in excess of $10,000 of the appraised value. If a required bid guarantee payment is not 60.8submitted with the signed permit, no harvesting may occur, the permit cancels, and the 60.9down payment for timber forfeits to the state. The bid guarantee payment forfeits to the 60.10state if the purchaser and successors in interest fail to execute an effective permit. 60.11    Sec. 49. Minnesota Statutes 2016, section 90.145, subdivision 2, is amended to read: 60.12    Subd. 2. Purchaser registration. To facilitate the sale of permits issued under section 60.1390.151 , the commissioner may establish a registration system to verify the qualifications 60.14of a person new text begin or affiliate new text end as a responsible bidder to purchase a timber permit. Any system 60.15implemented by the commissioner shall be limited in scope to only that information that is 60.16required for the efficient administration of the purchaser qualification requirements of this 60.17chapter. The registration system established under this subdivision is not subject to the 60.18rulemaking provisions of chapter 14 and section 14.386 does not apply. 60.19    Sec. 50. Minnesota Statutes 2016, section 90.151, subdivision 1, is amended to read: 60.20    Subdivision 1. Issuance; expiration. (a) Following receipt of the down payment for 60.21state timber required under section 90.14 or 90.191, the commissioner shall issue a numbered 60.22permit to the purchaser, in a form new text begin format new text end approved by the attorney general new text begin commissioner new text end , 60.23by the terms of which the purchaser shall be new text begin is new text end authorized to enter upon the land, and to cut 60.24and remove the timber therein described new text begin in the permit new text end as designated for cutting in the report 60.25of the state appraiser, according to the provisions of this chapter. The permit shall new text begin must new text end be 60.26correctly dated and executed by the commissioner and signed by the purchaser. If a permit 60.27is not signed by the purchaser within 45 days from the date of purchase, the permit cancels 60.28and the down payment for timber required under section 90.14 forfeits to the state. The 60.29commissioner may grant an additional period for the purchaser to sign the permit, not to 60.30exceed ten business days, provided the purchaser pays a $200 penalty fee. 60.31    (b) The permit shall expire new text begin expires new text end no later than five years after the date of sale as the 60.32commissioner shall specify or as specified under section 90.191, and the timber shall new text begin must new text end 60.33be cut and removed within the time specified therein. If additional time is needed, the permit 61.1holder must request, prior to new text begin before new text end the expiration date, and may be granted, for good and 61.2sufficient reasons, up to 90 additional days for the completion of skidding, hauling, and 61.3removing all equipment and buildings. All cut timber, equipment, and buildings not removed 61.4from the land after expiration of the permit becomes the property of the state. 61.5    (c) The commissioner may grant an additional period of time not to exceed 240 days 61.6for the removal of new text begin removing new text end cut timber, equipment, and buildings upon receipt of a written 61.7request by the permit holder for good and sufficient reasons. The permit holder may combine 61.8in the written request under this paragraph the request for additional time under paragraph 61.9(b). 61.10    Sec. 51. Minnesota Statutes 2016, section 90.162, is amended to read: 61.1190.162 SECURING TIMBER PERMITS WITH CUTTING BLOCKS. 61.12In lieu of the security deposit equal to the value of all timber covered by the permit 61.13required by section 90.161, a purchaser of state timber may elect in writing on a form new text begin format new text end 61.14prescribed by the attorney general new text begin commissioner new text end to give good and valid surety to the state 61.15of Minnesota equal to the purchase price for any designated cutting block identified on the 61.16permit before the date the purchaser enters upon the land to begin harvesting the timber on 61.17the designated cutting block. 61.18    Sec. 52. Minnesota Statutes 2016, section 90.252, is amended to read: 61.1990.252 SCALING AGREEMENT; WEIGHT MEASUREMENT SERVICES; 61.20FEES. 61.21    Subdivision 1. Scaling agreement. The commissioner may enter into an agreement with 61.22either a timber sale permittee, or the purchaser of the cut products, or both, so that the scaling 61.23of the cut timber and the collection of the payment for the same can be consummated by 61.24the state. Such an new text begin The new text end agreement shall new text begin must new text end be approved as to form and content by the 61.25attorney general new text begin commissioner new text end and shall new text begin must new text end provide for a bond or cash in lieu of a bond 61.26and such other safeguards as are necessary to protect the interests of the state. The scaling 61.27and payment collection procedure may be used for any state timber sale, except that no 61.28permittee who is also the consumer shall both cut and scale the timber sold unless such new text begin the new text end 61.29scaling is supervised by a state scaler. 61.30    Subd. 2. Weight measurement services; fees. The commissioner may enter into an 61.31agreement with the owner or operator of any weight scale inspected, tested, and approved 61.32under chapter 239 to provide weight measurements for the scaling of state timber according 62.1to section 90.251. The agreement shall new text begin must new text end be on a form new text begin in a format new text end prescribed by the 62.2attorney general new text begin commissioner new text end , shall become a new text begin becomes new text end part of the official record of any 62.3state timber permit so scaled, and shall new text begin must new text end contain safeguards that are necessary to protect 62.4the interests of the state. Except as otherwise provided by the commissioner, the cost of any 62.5agreement to provide weight measurement of state timber shall new text begin must new text end be paid by the permit 62.6holder of any state timber permit so measured and the cost shall new text begin must new text end be included in the 62.7statement of the amount due for the permit under section 90.181, subdivision 1. 62.8    Sec. 53. Minnesota Statutes 2016, section 93.25, subdivision 2, is amended to read: 62.9    Subd. 2. Lease requirements. All leases for nonferrous metallic minerals or petroleum 62.10must be approved by the Executive Council, and any other mineral lease issued pursuant 62.11to this section that covers 160 or more acres must be approved by the Executive Council. 62.12The rents, royalties, terms, conditions, and covenants of all such leases shall be fixed by 62.13the commissioner according to rules adopted by the commissioner, but no lease shall be for 62.14a longer term than 50 years, and all rents, royalties, terms, conditions, and covenants shall 62.15be fully set forth in each lease issued. new text begin No lease shall be canceled by the state for failure to new text end 62.16 new text begin meet production requirements prior to the 36th year of the lease. new text end The rents and royalties 62.17shall be credited to the funds as provided in section 93.22. 62.18 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment and new text end 62.19 new text begin applies to leases in effect or issued on or after that date. new text end 62.20    Sec. 54. Minnesota Statutes 2016, section 93.47, subdivision 4, is amended to read: 62.21    Subd. 4. Administration and enforcement. The commissioner shall administer and 62.22enforce sections 93.44 to 93.51 and the rules adopted pursuant hereto. In so doing the 62.23commissioner may (1) conduct such investigations and inspections as the commissioner 62.24deems necessary for the proper administration of sections 93.44 to 93.51; (2) enter upon 62.25any parts of the mining areas in connection with any such investigation and inspection 62.26without liability to the operator or landowner provided that reasonable prior notice of 62.27intention to do so shall have been given the operator or landowner; (3) conduct such research 62.28or enter into contracts related to mining areas and the reclamation thereof as may be necessary 62.29to carry out the provisions of sections 93.46 to 93.50 new text begin ; and (4) allocate surplus wetland credits new text end 62.30 new text begin that are approved by the commissioner under a permit to mine on or after July 1, 1991, and new text end 62.31 new text begin that are not otherwise deposited in a state wetland bank new text end . 62.32 new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively from July 1, 1991. new text end 63.1    Sec. 55. Minnesota Statutes 2016, section 93.481, subdivision 2, is amended to read: 63.2    Subd. 2. Commissioner's review; hearing; burden of proof. Within 120 days after 63.3receiving the new text begin an new text end application, or after receiving additional information requested, or after 63.4holding a hearing as provided in this section new text begin the commissioner has deemed complete and new text end 63.5 new text begin filed new text end , the commissioner shall grant the permit applied for, with or without modifications or 63.6conditions, or deny the application new text begin unless a contested case hearing is requested under section new text end 63.7 new text begin 93.483 new text end . If written objections to the proposed application are filed with the commissioner 63.8within 30 days after the last publication required pursuant to this section or within seven 63.9days after publication in the case of an application to conduct lean ore stockpile removal, 63.10by any person owning property which will be affected by the proposed operation or by any 63.11federal, state, or local governmental agency having responsibilities affected by the proposed 63.12operations, a public hearing shall be held by the commissioner in the locality of the proposed 63.13operations within 30 days of receipt of such written objections and after appropriate notice 63.14and publication of the date, time, and location of the hearing. new text begin The commissioner's decision new text end 63.15 new text begin to grant the permit, with or without modifications, or deny the application constitutes a final new text end 63.16 new text begin order for purposes of section 93.50. new text end The commissioner new text begin in granting a permit with or without new text end 63.17 new text begin modifications new text end shall determine that the reclamation or restoration planned for the operation 63.18complies with lawful requirements and can be accomplished under available technology 63.19and that a proposed reclamation or restoration technique is practical and workable under 63.20available technology. new text begin The commissioner may hold public meetings on the application. new text end 63.21    Sec. 56. new text begin [93.483] CONTESTED CASE. new text end 63.22     new text begin Subdivision 1. new text end new text begin Petition for contested case hearing. new text end new text begin Any person owning property that new text end 63.23 new text begin is adjacent to the proposed operation or any federal, state, or local government having new text end 63.24 new text begin responsibilities affected by the proposed operation identified in the application for a permit new text end 63.25 new text begin to mine under section 93.481 may file a petition with the commissioner to hold a contested new text end 63.26 new text begin case hearing on the completed application. To be considered by the commissioner, a petition new text end 63.27 new text begin must be submitted in writing, must contain the information specified in subdivision 2, and new text end 63.28 new text begin must be submitted to the commissioner within 30 days after the application is deemed new text end 63.29 new text begin complete and filed. In addition, the commissioner may, on the commissioner's own motion, new text end 63.30 new text begin order a contested case hearing on the completed application. new text end 63.31     new text begin Subd. 2. new text end new text begin Petition contents. new text end new text begin (a) A petition for a contested case hearing must include the new text end 63.32 new text begin following information: new text end 63.33 new text begin (1) a statement of reasons or proposed findings supporting the commissioner's decision new text end 63.34 new text begin to hold a contested case hearing pursuant to the criteria in subdivision 3; and new text end 64.1 new text begin (2) a statement of the issues proposed to be addressed by a contested case hearing and new text end 64.2 new text begin the specific relief requested or resolution of the matter. new text end 64.3 new text begin (b) To the extent known by the petitioner, a petition for a contested case hearing may new text end 64.4 new text begin also include: new text end 64.5 new text begin (1) a proposed list of prospective witnesses to be called, including experts, with a brief new text end 64.6 new text begin description of the proposed testimony or a summary of evidence to be presented at a contested new text end 64.7 new text begin case hearing; new text end 64.8 new text begin (2) a proposed list of publications, references, or studies to be introduced and relied new text end 64.9 new text begin upon at a contested case hearing; and new text end 64.10 new text begin (3) an estimate of time required for the petitioner to present the matter at a contested new text end 64.11 new text begin case hearing. new text end 64.12 new text begin (c) A petitioner is not bound or limited to the witnesses, materials, or estimated time new text end 64.13 new text begin identified in the petition if the requested contested case is granted by the commissioner. new text end 64.14 new text begin (d) Any person may serve timely responses to a petition for a contested case hearing. new text end 64.15 new text begin The commissioner shall establish deadlines for responses to be submitted. new text end 64.16     new text begin Subd. 3. new text end new text begin Commissioner's decision to hold hearing. new text end new text begin The commissioner may grant the new text end 64.17 new text begin petition to hold a contested case hearing or order upon the commissioner's own motion that new text end 64.18 new text begin a contested case hearing be held if the commissioner finds that: new text end 64.19 new text begin (1) there is a material issue of fact in dispute concerning the completed application before new text end 64.20 new text begin the commissioner; new text end 64.21 new text begin (2) the commissioner has jurisdiction to make a determination on the disputed material new text end 64.22 new text begin issue of fact; and new text end 64.23 new text begin (3) there is a reasonable basis underlying a disputed material issue of fact so that a new text end 64.24 new text begin contested case hearing would allow the introduction of information that would aid the new text end 64.25 new text begin commissioner in resolving the disputed facts in order to make a final decision on the new text end 64.26 new text begin completed application. new text end 64.27     new text begin Subd. 4. new text end new text begin Hearing upon demand of applicant. new text end new text begin If the commissioner denies an application, new text end 64.28 new text begin the applicant may, within 30 days after receipt of the commissioner's order denying the new text end 64.29 new text begin application, file a demand for a contested case. new text end 64.30     new text begin Subd. 5. new text end new text begin Scope of hearing. new text end new text begin If the commissioner decides to hold a contested case hearing, new text end 64.31 new text begin the commissioner shall identify the issues to be resolved and limit the scope and conduct new text end 64.32 new text begin of the hearing in accordance with applicable law, due process, and fundamental fairness. new text end 65.1 new text begin The commissioner may, before granting or ordering a contested case hearing, develop a new text end 65.2 new text begin proposed permit or permit conditions to inform the contested case. The contested case new text end 65.3 new text begin hearing must be conducted in accordance with sections 14.57 to 14.62. The final decision new text end 65.4 new text begin by the commissioner to grant, with or without modifications or conditions, or deny the new text end 65.5 new text begin application after a contested case shall constitute a final order for purposes of section 93.50. new text end 65.6     new text begin Subd. 6. new text end new text begin Consistency with administrative rules. new text end new text begin The commissioner shall construe the new text end 65.7 new text begin administrative procedures under Minnesota Rules, parts 6130.4800 and 6132.4000, in a new text end 65.8 new text begin manner that is consistent with this section. To the extent any provision of Minnesota Rules, new text end 65.9 new text begin parts 6130.4800 and 6132.4000, conflicts with this section, this section controls. new text end 65.10    Sec. 57. Minnesota Statutes 2016, section 93.50, is amended to read: 65.1193.50 APPEAL. 65.12Any person aggrieved by any new text begin final new text end order, ruling, or decision of the commissioner may 65.13appeal new text begin seek judicial review of new text end such order, ruling, or decision in the manner provided in 65.14chapter 14 new text begin under sections 14.63 to 14.69 new text end . 65.15    Sec. 58. Minnesota Statutes 2016, section 94.343, subdivision 9, is amended to read: 65.16    Subd. 9. Approval by attorney general new text begin commissioner new text end . No exchange of class A land 65.17shall be consummated unless the attorney general shall have given an opinion in writing new text begin new text end 65.18 new text begin commissioner determines new text end that the title to the land proposed to be conveyed to the state is 65.19good and marketable, free from all liens and new text begin , with all new text end encumbrances new text begin identified new text end except 65.20reservations herein authorized. new text begin The commissioner may use title insurance to aid in the title new text end 65.21 new text begin determination. new text end If required by the attorney general new text begin commissioner new text end , the landowner shall new text begin must new text end 65.22submit an abstract of title and make and file with the commissioner an affidavit as to 65.23possession of the land, improvements, liens, and encumbrances thereon, and other matters 65.24affecting the title. 65.25    Sec. 59. Minnesota Statutes 2016, section 94.344, subdivision 9, is amended to read: 65.26    Subd. 9. Approval of county attorney. No exchange of class B land shall be 65.27consummated unless the title to the land proposed to be exchanged therefor shall new text begin is new text end first be 65.28approved by the county attorney in like manner as provided for approval by the attorney 65.29general new text begin commissioner new text end in case of class A land. The county attorney's opinion on the title 65.30shall be new text begin is new text end subject to approval by the attorney general new text begin commissioner new text end . 66.1    Sec. 60. Minnesota Statutes 2016, section 97A.015, is amended by adding a subdivision 66.2to read: 66.3     new text begin Subd. 35a. new text end new text begin Portable shelter. new text end new text begin "Portable shelter" means a fish house, dark house, or other new text end 66.4 new text begin shelter that is set on the ice of state waters to provide shelter and that collapses, folds, or is new text end 66.5 new text begin disassembled for transportation. new text end 66.6    Sec. 61. Minnesota Statutes 2016, section 97A.015, subdivision 39, is amended to read: 66.7    Subd. 39. Protected wild animals. "Protected wild animals" are the following wild 66.8animals: new text begin means new text end big game, small game, game fish, rough fish, minnows, leeches, alewives, 66.9ciscoes, chubs, and lake whitefish, and the subfamily Coregoninae, rainbow smelt, frogs, 66.10turtles, clams, mussels, wolf, mourning doves, new text begin bats, snakes, salamanders, lizards, any animal new text end 66.11 new text begin species listed as endangered, threatened, or of special concern in Minnesota Rules, chapter new text end 66.12 new text begin 6134, new text end and wild animals that are protected by a restriction in the time or manner of taking, 66.13other than a restriction in the use of artificial lights, poison, or motor vehicles. 66.14    Sec. 62. Minnesota Statutes 2016, section 97A.015, subdivision 43, is amended to read: 66.15    Subd. 43. Rough fish. "Rough fish" means carp, buffalo, sucker, sheepshead, bowfin, 66.16burbot, cisco, gar, goldeye, and bullhead new text begin , except for any fish species listed as endangered, new text end 66.17 new text begin threatened, or of special concern in Minnesota Rules, chapter 6134 new text end . 66.18    Sec. 63. Minnesota Statutes 2016, section 97A.015, subdivision 45, is amended to read: 66.19    Subd. 45. Small game. "Small game" means game birds, gray squirrel, fox squirrel, 66.20cottontail rabbit, snowshoe hare, jack rabbit, raccoon, lynx, bobcat, new text begin short-tailed weasel, new text end 66.21 new text begin long-tailed weasel, new text end wolf, red fox and gray fox, fisher, pine marten, opossum, badger, cougar, 66.22wolverine, muskrat, mink, otter, and beaver. 66.23    Sec. 64. Minnesota Statutes 2016, section 97A.015, subdivision 52, is amended to read: 66.24    Subd. 52. Unprotected birds. "Unprotected birds" means English sparrow, blackbird, 66.25starling, magpie, cormorant, common pigeon, Eurasian collared dove, chukar partridge, 66.26quail other than bobwhite quail, and mute swan. 66.27    Sec. 65. Minnesota Statutes 2016, section 97A.015, subdivision 53, is amended to read: 66.28    Subd. 53. Unprotected wild animals. "Unprotected wild animals" means wild animals 66.29that are not protected wild animals including weasel, coyote, new text begin plains pocket new text end gopher, porcupine, 67.1striped skunk, and unprotected birds new text begin , except any animal species listed as endangered, new text end 67.2 new text begin threatened, or of special concern in Minnesota Rules, chapter 6134 new text end . 67.3    Sec. 66. Minnesota Statutes 2016, section 97A.045, subdivision 10, is amended to read: 67.4    Subd. 10. Reciprocal agreements on violations. The commissioner, with the approval 67.5of the attorney general, may enter into reciprocal agreements with game and fish authorities 67.6in other states and the United States government to provide for: 67.7(1) revocation of the appropriate Minnesota game and fish licenses of Minnesota residents 67.8for violations of game and fish laws committed in signatory jurisdictions which new text begin that new text end result 67.9in license revocation in that jurisdiction; 67.10(2) reporting convictions and license revocations of residents of signatory states for 67.11violations of game and fish laws of Minnesota to game and fish authorities in the 67.12nonresident's state of residence; and 67.13(3) release upon signature without posting of bail for residents of signatory states accused 67.14of game and fish law violations in this state, providing for recovery, in the resident 67.15jurisdiction, of fines levied if the citation is not answered in this state. 67.16As used in this subdivision, "conviction" includes a plea of guilty or a forfeiture of bail. 67.17    Sec. 67. Minnesota Statutes 2016, section 97A.055, subdivision 2, is amended to read: 67.18    Subd. 2. Receipts. The commissioner of management and budget shall credit to the 67.19game and fish fund all money received under the game and fish laws and all income from 67.20state lands acquired by purchase or gift for game or fish purposes, including receipts from: 67.21(1) licenses and permits issued; 67.22(2) fines and forfeited bail; 67.23(3) sales of contraband, wild animals, and other property under the control of the division new text begin , new text end 67.24 new text begin except as provided in section 97A.225, subdivision 8, clause (2) new text end ; 67.25(4) fees from advanced education courses for hunters and trappers; 67.26(5) reimbursements of expenditures by the division; 67.27(6) contributions to the division; and 67.28(7) revenue credited to the game and fish fund under section 297A.94, paragraph (e), 67.29clause (1). 68.1    Sec. 68. Minnesota Statutes 2016, section 97A.075, subdivision 1, is amended to read: 68.2    Subdivision 1. Deer, bear, and lifetime licenses. (a) For purposes of this subdivision, 68.3"deer license" means a license issued under section 97A.475, subdivisions 2, clauses (5), 68.4(6), (7), (13), (14), and (15); 3, paragraph (a), clauses (2), (3), (4), (10), (11), and (12); and 68.58, paragraph (b), and licenses issued under section 97B.301, subdivision 4. 68.6    (b) $2 from each annual deer license and $2 annually from the lifetime fish and wildlife 68.7trust fund, established in section 97A.4742, for each license issued under section 97A.473, 68.8subdivision 4 , shall be credited to the deer management account and is appropriated to the 68.9commissioner for deer habitat improvement or deer management programs. 68.10    (c) $1 from each annual deer license and each bear license and $1 annually from the 68.11lifetime fish and wildlife trust fund, established in section 97A.4742, for each license issued 68.12under section 97A.473, subdivision 4, shall be credited to the deer and bear management 68.13account and is appropriated to the commissioner for deer and bear management programs, 68.14including a computerized licensing system. 68.15    (d) Fifty cents from each deer license is credited to the emergency deer feeding and wild 68.16cervidae health management account and is appropriated for emergency deer feeding and 68.17wild cervidae health management. Money appropriated for emergency deer feeding and 68.18wild cervidae health management is available until expended. 68.19    When the unencumbered balance in the appropriation for emergency deer feeding and 68.20wild cervidae health management exceeds $2,500,000 at the end of a fiscal year, the 68.21unencumbered balance in excess of $2,500,000 is canceled and available for deer and bear 68.22management programs and computerized licensing. 68.23(e) Fifty cents from each annual deer license and 50 cents annually from the lifetime 68.24fish and wildlife trust fund established in section , for each license issued under 68.25section 97A.473, subdivision 4, shall be credited to the wolf management and monitoring 68.26account under subdivision 7. 68.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1 of the year following the year the new text end 68.28 new text begin wolf is delisted under the federal Endangered Species Act. new text end 68.29    Sec. 69. Minnesota Statutes 2016, section 97A.137, subdivision 5, is amended to read: 68.30    Subd. 5. Portable stands. Prior to the Saturday on or nearest September 16, A portable 68.31stand may be left overnight in a wildlife management area by a person with a valid bear 68.32license who is hunting within 100 yards of a bear bait site that is legally tagged and registered 68.33as prescribed under section new text begin to take big game during the respective season new text end . Any 69.1person leaving a portable stand overnight under this subdivision must affix a tag with: (1) 69.2the person's name and address; (2) the licensee's driver's license number; or (3) the "MDNR#" 69.3license identification number issued to the licensee. The tag must be affixed to the stand in 69.4a manner that it can be read from the ground new text begin and be made of a material sufficient to withstand new text end 69.5 new text begin weather conditions. A person leaving a portable stand overnight in a wildlife management new text end 69.6 new text begin area may not leave more than two portable stands in any one wildlife management area new text end . 69.7    Sec. 70. Minnesota Statutes 2016, section 97A.201, subdivision 2, is amended to read: 69.8    Subd. 2. Duty of county attorneys and peace officers. County attorneys and All peace 69.9officers must enforce the game and fish laws. 69.10    Sec. 71. Minnesota Statutes 2016, section 97A.201, is amended by adding a subdivision 69.11to read: 69.12     new text begin Subd. 3. new text end new text begin Prosecuting authority. new text end new text begin County attorneys are the primary prosecuting authority new text end 69.13 new text begin for violations under section 97A.205, clause (5). Prosecution includes associated civil new text end 69.14 new text begin forfeiture actions provided by law. new text end 69.15    Sec. 72. Minnesota Statutes 2016, section 97A.225, subdivision 8, is amended to read: 69.16    Subd. 8. Proceeds of sale. After determining the expense new text begin The proceeds from the sale new text end 69.17 new text begin after payment of the costs new text end of seizing, new text begin towing, new text end keeping, and selling the property, the 69.18commissioner must pay the new text begin and satisfying valid new text end liens from the proceeds according to the 69.19court order. The remaining proceeds new text begin against the property must be distributed as follows: new text end 69.20 new text begin (1) 70 percent of the money or proceeds new text end shall be deposited in the state treasury and 69.21credited to the game and fish fund new text begin ; and new text end 69.22 new text begin (2) 30 percent of the money or proceeds is considered a cost of forfeiting the property new text end 69.23 new text begin and must be forwarded to the prosecuting authority that handled the forfeiture for deposit new text end 69.24 new text begin as a supplement to its operating fund or similar fund for prosecutorial purposes new text end . 69.25    Sec. 73. Minnesota Statutes 2016, section 97A.301, subdivision 1, is amended to read: 69.26    Subdivision 1. Misdemeanor. Unless a different penalty is prescribed, a person is guilty 69.27of a misdemeanor if that person: 69.28(1) takes, buys, sells, transports or possesses a wild animal in violation of new text begin violates new text end the 69.29game and fish laws; 69.30(2) aids or assists in committing the violation; 70.1(3) knowingly shares in the proceeds of the violation; 70.2(4) fails to perform a duty or comply with a requirement of the game and fish laws; 70.3(5) knowingly makes a false statement related to an affidavit regarding a violation new text begin or new text end 70.4 new text begin requirement new text end of the game and fish laws; or 70.5(6) violates or attempts to violate a rule under the game and fish laws. 70.6    Sec. 74. Minnesota Statutes 2016, section 97A.338, is amended to read: 70.797A.338 GROSS OVERLIMITS OF WILD ANIMALS; PENALTY. 70.8 new text begin (a) new text end A person who takes, possesses, or transports wild animals over the legal limit, in 70.9closed season, or without a valid license, when the restitution value of the wild animals is 70.10over $1,000 is guilty of a gross overlimit violation. new text begin Except as provided in paragraph (b), new text end a 70.11violation under this section new text begin paragraph new text end is a gross misdemeanor. 70.12 new text begin (b) If a wild animal involved in a gross overlimit violation is listed as a threatened or new text end 70.13 new text begin endangered wild animal, the penalty in paragraph (a) does not apply unless more than one new text end 70.14 new text begin animal is taken, possessed, or transported in violation of the game and fish laws. new text end 70.15    Sec. 75. Minnesota Statutes 2016, section 97A.420, subdivision 1, is amended to read: 70.16    Subdivision 1. Seizure. (a) An enforcement officer shall immediately seize the license 70.17of a person who unlawfully takes, transports, or possesses wild animals when the restitution 70.18value of the wild animals exceeds $500. Except as provided in subdivisions 2, 4, and 5, the 70.19person may not use or obtain any license to take the same type of wild animals involved, 70.20including a duplicate license, until an action is taken under subdivision 6. If the license 70.21seized under this paragraph was for a big game animal, the license seizure applies to all 70.22licenses to take big game issued to the individual. If the license seized under this paragraph 70.23was for small game animals, the license seizure applies to all licenses to take small game 70.24issued to the individual. 70.25(b) In addition to the license seizure under paragraph (a), if the restitution value of the 70.26wild animals unlawfully taken, possessed, or transported is $5,000 new text begin $1,000 new text end or more, all other 70.27game and fish licenses held by the person shall be immediately seized. Except as provided 70.28in subdivision 2, 4, or 5, the person may not obtain any game or fish license or permit, 70.29including a duplicate license, until an action is taken under subdivision 6. 70.30(c) A person may not take wild animals covered by a license seized under this subdivision 70.31until an action is taken under subdivision 6. 71.1    Sec. 76. Minnesota Statutes 2016, section 97A.421, subdivision 2a, is amended to read: 71.2    Subd. 2a. Issuance after conviction; gross overlimits. (a) new text begin A person may not obtain a new text end 71.3 new text begin license to take a wild animal and is prohibited from taking wild animals for ten years after new text end 71.4 new text begin the date of conviction of a violation when the restitution value of the wild animals is $2,000 new text end 71.5 new text begin or more. new text end 71.6 new text begin (b) new text end A person may not obtain a license to take a wild animal and is prohibited from taking 71.7wild animals for a period of five years after the date of conviction of: 71.8(1) a violation when the restitution value of the wild animals is $5,000 new text begin $1,000 new text end or more new text begin , new text end 71.9 new text begin but less than $2,000 new text end ; or 71.10(2) a violation when the restitution value of the wild animals exceeds $500 and the 71.11violation occurs within ten years of one or more previous license revocations under this 71.12subdivision. 71.13(b) new text begin (c) new text end A person may not obtain a license to take the type of wild animals involved in a 71.14violation when the restitution value of the wild animals exceeds $500 and is prohibited from 71.15taking the type of wild animals involved in the violation for a period of three years after the 71.16date of conviction of a violation. 71.17(c) new text begin (d) new text end The time period of multiple revocations under paragraph (a) new text begin or (b) new text end , clause (2), 71.18shall be new text begin are new text end consecutive and no wild animals of any kind may be taken during the entire 71.19 new text begin revocation new text end period. 71.20 new text begin (e) If a wild animal involved in the conviction is listed as a threatened or endangered new text end 71.21 new text begin wild animal, the revocations under this subdivision do not apply unless more than one animal new text end 71.22 new text begin is taken, possessed, or transported in violation of the game and fish laws. new text end 71.23(d) new text begin (f) new text end The court may not stay or reduce the imposition of license revocation provisions 71.24under this subdivision. 71.25    Sec. 77. Minnesota Statutes 2016, section 97A.441, subdivision 1, is amended to read: 71.26    Subdivision 1. Angling and spearing; disabled residents. (a) A person authorized to 71.27issue licenses must issue, without a fee, licenses to take fish by angling or spearing to a 71.28resident who is: 71.29(1) blind; 71.30(2) a recipient of Supplemental Security Income for the aged, blind, and disabled; 72.1(3) a recipient of Social Security aid to the disabled under United States Code, title 42, 72.2section 416, paragraph (i)(l), or section 423(d); 72.3(4) a recipient of workers' compensation based on a finding of total and permanent 72.4disability; 72.5(5) 65 years of age or older and was qualified under clause (2) or (3) at the age of 64; 72.6or 72.7(6) permanently disabled and meets the disability requirements for Supplemental Security 72.8Income or Social Security aid to the disabled under United States Code, title 42, section 72.9416, paragraph (i)(l), or section 423(d) new text begin ; new text end 72.10 new text begin (7) receiving aid under the federal Railroad Retirement Act of 1974, United States Code, new text end 72.11 new text begin title 45, section 231a(a)(1)(v); or new text end 72.12 new text begin (8) a former employee of the United States Postal Service receiving disability pay under new text end 72.13 new text begin United States Code, title 5, section 8337 new text end . 72.14(b) A driver's license or Minnesota identification card bearing the applicable designation 72.15under section 171.07, subdivision 17, serves as satisfactory evidence to obtain a license 72.16under this subdivision at all agent locations. 72.17    Sec. 78. Minnesota Statutes 2016, section 97B.031, subdivision 6, is amended to read: 72.18    Subd. 6. Scopes; age 60 or over. A person age 60 or over may use a muzzleloader with 72.19a scope to take deer during the muzzleloader season. The scope may have magnification 72.20capabilities. 72.21    Sec. 79. new text begin [97B.032] RULES LIMITING USE OF LEAD SHOT PROHIBITED. new text end 72.22 new text begin The commissioner of natural resources shall not adopt rules further restricting the use new text end 72.23 new text begin of lead shot. new text end 72.24 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment and new text end 72.25 new text begin applies to rules adopted on or after that date. new text end 72.26    Sec. 80. Minnesota Statutes 2016, section 97B.071, is amended to read: 72.2797B.071 BLAZE ORANGE new text begin CLOTHING new text end REQUIREMENTS new text begin ; BLAZE ORANGE new text end 72.28 new text begin OR BLAZE PINK new text end . 72.29    (a) Except as provided in rules adopted under paragraph (c), a person may not hunt or 72.30trap during the open season where deer may be taken by firearms under applicable laws and 73.1ordinances, unless the visible portion of the person's cap and outer clothing above the waist, 73.2excluding sleeves and gloves, is blaze orange new text begin or blaze pink new text end . Blaze orange new text begin or blaze pink new text end 73.3includes a camouflage pattern of at least 50 percent blaze orange new text begin or blaze pink new text end within each 73.4foot square. This section does not apply to migratory-waterfowl hunters on waters of this 73.5state or in a stationary shooting location or to trappers on waters of this state. 73.6    (b) Except as provided in rules adopted under paragraph (c), and in addition to the 73.7requirement in paragraph (a), a person may not take small game other than turkey, migratory 73.8birds, raccoons, and predators, except while trapping, unless a visible portion of at least one 73.9article of the person's clothing above the waist is blaze orange new text begin or blaze pink new text end . This paragraph 73.10does not apply to a person when in a stationary location while hunting deer by archery or 73.11when hunting small game by falconry. 73.12    (c) The commissioner may, by rule, prescribe an alternative color in cases where 73.13paragraph (a) or (b) would violate the Religious Freedom Restoration Act of 1993, Public 73.14Law 103-141. 73.15    (d) A violation of paragraph (b) shall not result in a penalty, but is punishable only by 73.16a safety warning. 73.17    Sec. 81. Minnesota Statutes 2016, section 97B.405, is amended to read: 73.1897B.405 COMMISSIONER MAY LIMIT NUMBER OF BEAR HUNTERS. 73.19    (a) The commissioner may limit the number of persons that may hunt bear in an area, 73.20if it is necessary to prevent an overharvest or improve the distribution of hunters. The 73.21commissioner may establish, by rule, a method, including a drawing, to impartially select 73.22the hunters for an area. The commissioner shall give preference to hunters that have 73.23previously applied and have not been selected. 73.24 new text begin (b) If the commissioner limits the number of persons that may hunt bear in an area under new text end 73.25 new text begin paragraph (a), the commissioner must reserve one permit and give first preference for that new text end 73.26 new text begin permit to a resident of a Minnesota veterans home. new text end 73.27    (b) new text begin (c) new text end A person selected through a drawing must purchase a license by August 1. Any 73.28remaining available licenses not purchased shall be issued to any eligible person as prescribed 73.29by the commissioner on a first-come, first-served basis beginning three business days after 73.30August 1. 73.31    Sec. 82. Minnesota Statutes 2016, section 97B.431, is amended to read: 73.3297B.431 BEAR-HUNTING OUTFITTERS. 74.1    (a) A person may not place bait for bear, or guide hunters to take bear, for compensation 74.2without a bear-hunting-outfitter license. A bear-hunting outfitter is not required to have a 74.3license to take bear unless the outfitter is attempting to shoot a bear. The commissioner 74.4shall adopt rules for qualifications for issuance and administration of the licenses. 74.5    (b) The commissioner shall establish a resident master bear-hunting-outfitter license 74.6under which one person serves as the bear-hunting outfitter and one other person is eligible 74.7to guide and bait bear. Additional persons may be added to the license and are eligible to 74.8guide and bait bear under the license, provided the additional fee under section 97A.475, 74.9subdivision 16 , is paid for each person added. The commissioner shall adopt rules for 74.10qualifications for issuance and administration of the licenses new text begin . The commissioner must not new text end 74.11 new text begin require a person to have certification or training in first aid or CPR to be eligible for a license new text end 74.12 new text begin under this section new text end . 74.13    Sec. 83. Minnesota Statutes 2016, section 97B.516, is amended to read: 74.1497B.516 ELK MANAGEMENT PLAN. 74.15(a) The commissioner of natural resources must adopt an elk management plan that: 74.16(1) recognizes the value and uniqueness of elk; 74.17(2) provides for integrated management of an elk population in harmony with the 74.18environment; and 74.19(3) affords optimum recreational opportunities. 74.20(b) Notwithstanding paragraph (a), the commissioner must not manage an elk herd new text begin in new text end 74.21 new text begin Kittson, Roseau, Marshall, or Beltrami Counties new text end in a manner that would increase the size 74.22of the herd, including adoption or implementation of an elk management plan designed to 74.23increase an elk herd, unless the commissioner of agriculture verifies that crop and fence 74.24damages paid under section 3.7371 and attributed to the herd have not increased for at least 74.25two years. 74.26(c) At least 60 days prior to implementing a plan to increase an elk herd, the 74.27commissioners of natural resources and agriculture must hold a joint public meeting in the 74.28county where the elk herd to be increased is located. At the meeting, the commissioners 74.29must present evidence that crop and fence damages have not increased in the prior two years 74.30and must detail the practices that will be used to reduce elk conflicts with area landowners. 75.1    Sec. 84. Minnesota Statutes 2016, section 97B.655, subdivision 1, is amended to read: 75.2    Subdivision 1. Owners and occupants may take certain animals. A person new text begin or the new text end 75.3 new text begin person's agent new text end may take new text begin bats, snakes, salamanders, lizards, weasel, new text end mink, squirrel, rabbit, 75.4hare, raccoon, bobcat, fox, opossum, muskrat, or beaver on land owned or occupied by the 75.5person where the animal is causing damage. The person new text begin or the person's agent new text end may take the 75.6animal without a license and in any manner except by poison, or artificial lights in the closed 75.7season new text begin or by poison new text end . Raccoons may be taken under this subdivision with artificial lights 75.8during open season. A person that new text begin or the person's agent who new text end kills mink, raccoon, bobcat, 75.9fox, opossum, muskrat, or beaver under this subdivision must notify a conservation officer 75.10or employee of the Fish and Wildlife Division within 24 hours after the animal is killed. 75.11    Sec. 85. Minnesota Statutes 2016, section 97C.315, subdivision 1, is amended to read: 75.12    Subdivision 1. Lines. An angler may not use more than one line except: 75.13(1) two lines may be used to take fish through the ice; and 75.14(2) the commissioner may, by rule, authorize the use of two lines in areas designated by 75.15the commissioner in Lake Superior new text begin ; and new text end 75.16 new text begin (3) two lines may be used to take fish during the open-water season, except on waters new text end 75.17 new text begin during a catch and release season for any species, by a resident or nonresident angler who new text end 75.18 new text begin purchases a second-line endorsement for $5. Of the amount collected from purchases of new text end 75.19 new text begin second-line endorsements, 50 percent must be spent on walleye stocking new text end . 75.20 new text begin EFFECTIVE DATE. new text end new text begin This section is effective March 1, 2018. new text end 75.21    Sec. 86. Minnesota Statutes 2016, section 97C.355, subdivision 2a, is amended to read: 75.22    Subd. 2a. Portable shelters. new text begin (a) new text end A person using a portable shelter that is not identified 75.23under subdivision 1 new text begin may not leave the portable shelter unattended between midnight and new text end 75.24 new text begin sunrise and new text end must remain within 200 feet of the shelter while the shelter is on the ice of state 75.25waters. 75.26 new text begin (b) If a person leaves the portable shelter unattended any time between midnight and new text end 75.27 new text begin one hour before sunrise or is not within 200 feet of the portable shelter, the portable shelter new text end 75.28 new text begin must be licensed as provided under subdivision 2. new text end 76.1    Sec. 87. Minnesota Statutes 2016, section 97C.401, subdivision 2, is amended to read: 76.2    Subd. 2. Walleye; northern pike. (a) Except as provided in paragraph (b), A person 76.3may have no more than one walleye larger than 20 inches and one northern pike larger than 76.430 inches in possession. new text begin This subdivision does not apply to boundary waters. new text end 76.5    (b) The restrictions in paragraph (a) do not apply to boundary waters. 76.6    Sec. 88. Minnesota Statutes 2016, section 97C.501, subdivision 1, is amended to read: 76.7    Subdivision 1. Minnow retailers. (a) A person may not be a minnow retailer without 76.8a minnow retailer license except as provided in subdivisions 2, paragraph (d), and 3. A 76.9person must purchase a minnow retailer license for each minnow retail outlet operated, 76.10except as provided by subdivision 2, paragraph (d). 76.11(b) A minnow retailer must obtain a minnow retailer's vehicle license for each motor 76.12vehicle used by the minnow retailer to transport more than 12 dozen minnows to the minnow 76.13retailer's place of business, except as provided in subdivision 3. A minnow retailer is not 76.14required to obtain a minnow retailer's vehicle license new text begin : new text end 76.15 new text begin (1) as provided in subdivision 3; new text end 76.16 new text begin (2) if the minnow retailer is licensed as a resort under section 157.16, is transporting new text end 76.17 new text begin minnows purchased from a minnow dealer's place of business directly to the resort, possesses new text end 76.18 new text begin a detailed receipt, including the date and time of purchase, and presents the receipt and new text end 76.19 new text begin minnows for inspection upon request; or new text end 76.20 new text begin (3) new text end if minnows are being transported by common carrier and information is provided 76.21that allows the commissioner to find out the location of the shipment in the state. 76.22    Sec. 89. Minnesota Statutes 2016, section 97C.515, subdivision 2, is amended to read: 76.23    Subd. 2. Permit for transportation new text begin ; importation new text end . (a) A person may transport live 76.24minnows through the state with a permit from the commissioner. The permit must state the 76.25name and address of the person, the number and species of minnows, the point of entry into 76.26the state, the destination, and the route through the state. The permit is not valid for more 76.27than 12 hours after it is issued. new text begin A person must not import minnows into the state except as new text end 76.28 new text begin provided in this section. new text end 76.29(b) Minnows transported under this subdivision must be in a tagged container. The tag 76.30number must correspond with tag numbers listed on the minnow transportation permit. 77.1(c) The commissioner may require the person transporting minnow species found on 77.2the official list of viral hemorrhagic septicemia susceptible species published by the United 77.3States Department of Agriculture, Animal and Plant Health Inspection Services, to provide 77.4health certification for viral hemorrhagic septicemia. The certification must disclose any 77.5incidentally isolated replicating viruses, and must be dated within the 12 months preceding 77.6transport. 77.7 new text begin (d) Golden shiner minnows may be imported as provided in this subdivision. Golden new text end 77.8 new text begin shiner minnows that are imported must be certified as healthy according to Arkansas new text end 77.9 new text begin standards in accordance with the Arkansas baitfish certification program. new text end 77.10 new text begin (e) Golden shiner minnows must be certified free of viral hemorrhagic septicemia, new text end 77.11 new text begin infectious hematopoietic necrosis, infectious pancreatic necrosis, spring viremia of carp new text end 77.12 new text begin virus, fathead minnow nidovirus, heterosporis, aeromonas salmonicida, and yersinia ruckeri. new text end 77.13 new text begin (f) Golden shiner minnows must originate from a biosecure facility that has tested new text end 77.14 new text begin negative for invasive species. new text end 77.15 new text begin (g) Only a person that holds a Minnesota wholesale minnow dealer's license issued under new text end 77.16 new text begin section 97C.501, subdivision 2, may obtain a permit to import golden shiner minnows. new text end 77.17    Sec. 90. Minnesota Statutes 2016, section 97C.701, is amended by adding a subdivision 77.18to read: 77.19     new text begin Subd. 7. new text end new text begin Harvesting mussel shells. new text end new text begin Live mussels may not be harvested. A person new text end 77.20 new text begin possessing a valid resident or nonresident angling license or a person not required to have new text end 77.21 new text begin an angling license to take fish may take and possess at any time, for personal use only, not new text end 77.22 new text begin more than 24 whole shells or 48 shell halves of dead freshwater mussels. Mussel shells may new text end 77.23 new text begin be harvested in waters of the state where fish may be taken by angling. Mussel shells must new text end 77.24 new text begin be harvested by hand-picking only and may not be purchased or sold. new text end 77.25    Sec. 91. Minnesota Statutes 2016, section 103B.101, subdivision 12a, is amended to read: 77.26    Subd. 12a. Authority to issue penalty orders. (a) A county or watershed district with 77.27jurisdiction or The Board of Water and Soil Resources may issue an order requiring violations 77.28of the water resources riparian protection requirements under sections 103F.415, 103F.421, 77.29and 103F.48 to be corrected and administratively assessing monetary penalties up to $500 77.30for noncompliance commencing on day one of the 11th month after the noncompliance 77.31notice was issued. The proceeds collected from an administrative penalty order issued under 78.1this section must be remitted to the county or watershed district with jurisdiction over the 78.2noncompliant site, or otherwise remitted to the Board of Water and Soil Resources. 78.3(b) Before exercising this authority, the Board of Water and Soil Resources must adopt 78.4a plan containing procedures for the issuance of administrative penalty orders by local 78.5governments and the board as authorized in this subdivision. This plan, and any subsequent 78.6amendments, will become effective 30 days after being published in the State Register. The 78.7initial plan must be published in the State Register no later than July 1, 2017. 78.8(c) Administrative penalties may be reissued and appealed under paragraph (a) according 78.9to section 103F.48, subdivision 9. 78.10    Sec. 92. Minnesota Statutes 2016, section 103F.411, subdivision 1, is amended to read: 78.11    Subdivision 1. Authority. The Board of Water and Soil Resources, in consultation with 78.12counties, soil and water conservation districts, and other appropriate agencies, shall adopt 78.13a model ordinance and rules that serve as a guide for local governments new text begin that have adopted new text end 78.14 new text begin a soil loss ordinance new text end to implement sections 103F.401 to 103F.455 and provide administrative 78.15procedures for the board for sections 103F.401 to 103F.455. 78.16    Sec. 93. Minnesota Statutes 2016, section 103F.48, subdivision 1, is amended to read: 78.17    Subdivision 1. Definitions. (a) For the purposes of this section, the following terms have 78.18the meanings given them. 78.19(b) "Board" means the Board of Water and Soil Resources. 78.20(c) "Buffer" means an area consisting of perennial vegetation, excluding invasive plants 78.21and noxious weeds, adjacent to all bodies of water within the state and that protects the 78.22water resources of the state from runoff pollution; stabilizes soils, shores, and banks; and 78.23protects or provides riparian corridors. 78.24(d) "Buffer protection map" means buffer maps established and maintained by the 78.25commissioner of natural resources. 78.26(e) "Commissioner" means the commissioner of natural resources. 78.27(f) "Executive director" means the executive director of the Board of Water and Soil 78.28Resources. 78.29(g) "Local water management authority" means a watershed district, metropolitan water 78.30management organization, or county operating separately or jointly in its role as local water 78.31management authority under chapter 103B or 103D. 79.1(h) "Normal water level" means the level evidenced by the long-term presence of surface 79.2water as indicated directly by hydrophytic plants or hydric soils or indirectly determined 79.3via hydrological models or analysis. 79.4(i) "Public waters" has the meaning given in section 103G.005, subdivision 15. The term new text begin new text end 79.5 new text begin means new text end public waters as used in this section applies to waters that are on the public waters 79.6inventory as provided in section 103G.201. 79.7(j) "With jurisdiction" means a board determination that the county or watershed district 79.8 new text begin that new text end has adopted a rule, ordinance, or official controls providing procedures for the issuance 79.9of administrative penalty orders, enforcement, and appeals for purposes of this section and 79.10section 103B.101, subdivision 12a new text begin that has notified the board new text end . 79.11    Sec. 94. Minnesota Statutes 2016, section 103F.48, subdivision 3, is amended to read: 79.12    Subd. 3. Water resources riparian protection requirements on public waters and 79.13public drainage systems. (a) Except as provided in paragraph (b), landowners owning 79.14property adjacent to a water body identified and mapped on a buffer protection map must 79.15maintain a buffer to protect the state's water resources as follows: 79.16(1) for all public waters new text begin that have a shoreland classification new text end , the more restrictive of: 79.17(i) a 50-foot average width, 30-foot minimum width, continuous buffer of perennially 79.18rooted vegetation; or 79.19(ii) the state shoreland standards and criteria adopted by the commissioner under section 79.20103F.211 ; and 79.21(2) for public drainage systems established under chapter 103E new text begin and public waters that new text end 79.22 new text begin do not have a shoreland classification new text end , a 16.5-foot minimum width continuous buffer as 79.23provided in section 103E.021, subdivision 1. The buffer vegetation shall not impede future 79.24maintenance of the ditch. 79.25(b) A landowner owning property adjacent to a water body identified in a buffer protection 79.26map and whose property is used for cultivation farming may meet the requirements under 79.27paragraph (a) by adopting an alternative riparian water quality practice, or combination of 79.28structural, vegetative, and management practices, based on the Natural Resources 79.29Conservation Service Field Office Technical Guide or other practices approved by the new text begin local new text end 79.30 new text begin soil and water conservation district new text end board, that provide water quality protection comparable 79.31to the buffer protection for the water body that the property abuts. Included in these practices 79.32are retention ponds and alternative measures that prevent overland flow to the water resource. new text begin new text end 79.33 new text begin A landowner, authorized agent, or operator may request the soil and water conservation new text end 80.1 new text begin district to make a determination whether a specific alternative water quality practice would new text end 80.2 new text begin meet the applicable requirements under this section. If a landowner, authorized agent, or new text end 80.3 new text begin operator has requested, at least 90 days before the applicable effective date under paragraph new text end 80.4 new text begin (e), that the soil and water conservation district make a determination, then the landowner new text end 80.5 new text begin must not be found noncompliant until the soil and water conservation district has notified new text end 80.6 new text begin the landowner, agent, or operator in writing whether the practice would meet the applicable new text end 80.7 new text begin requirements. new text end 80.8(c) The width of a buffer on public waters must be measured from the top or crown of 80.9the bank. Where there is no defined bank, measurement must be from the edge of the normal 80.10water level. The width of the buffer on public drainage systems must be measured as provided 80.11in section 103E.021, subdivision 1. 80.12(d) Upon request by a landowner or authorized agent or operator of a landowner, a 80.13technical professional employee or contractor of the soil and water conservation district or 80.14its delegate may issue a validation of compliance with the requirements of this subdivision. 80.15The soil and water conservation district validation may be appealed to the board as described 80.16in subdivision 9. 80.17(e) Buffers or alternative water quality practices required under paragraph (a) or (b) 80.18must be in place on or before: 80.19(1) November 1, 2017 new text begin 2019 new text end , for public waters; and 80.20(2) November 1, 2018 new text begin 2020 new text end , for public drainage systems. 80.21(f) Nothing in this section limits the eligibility of a landowner or authorized agent or 80.22operator of a landowner to participate in federal or state conservation programs, including 80.23enrolling or reenrolling in federal conservation programs. 80.24 new text begin (g) After the effective date of this section, a person planting buffers or water quality new text end 80.25 new text begin protection practices to meet the requirements in paragraph (a) must use only seed mixes new text end 80.26 new text begin that are certified to be free of Palmer amaranth or other noxious weed seeds. The board, a new text end 80.27 new text begin county, or a watershed district must not take corrective action under subdivision 7 against new text end 80.28 new text begin a landowner who does not have seed available to comply with this paragraph. new text end 80.29 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 80.30    Sec. 95. Minnesota Statutes 2016, section 103F.48, subdivision 7, is amended to read: 80.31    Subd. 7. Corrective actions. (a) If the soil and water conservation district determines 80.32a landowner is not in compliance with this section, new text begin and the landowner has declined state or new text end 81.1 new text begin federal assistance to pay 100 percent of the cost to establish buffers or other water resource new text end 81.2 new text begin protection measures approved by the board and annual payments or an easement for the new text end 81.3 new text begin land, new text end the district must notify the county or watershed district with jurisdiction over the 81.4noncompliant site and the board. The county or watershed district with jurisdiction or the 81.5board must provide the landowner with a list of corrective actions needed to come into 81.6compliance and a practical timeline to meet the requirements in this section. The county or 81.7watershed district with jurisdiction must provide a copy of the corrective action notice to 81.8the board. 81.9(b) A county or watershed district exercising jurisdiction under this subdivision and the 81.10enforcement authority granted in section 103B.101, subdivision 12a, shall affirm their 81.11jurisdiction and identify the ordinance, rule, or other official controls to carry out the 81.12compliance provisions of this section and section 103B.101, subdivision 12a, by notice to 81.13the board prior to March 31, 2017. A county or watershed district must provide notice to 81.14the board at least 60 days prior to the effective date of a subsequent decision on their 81.15jurisdiction. 81.16(c) If the landowner does not comply with the list of actions and timeline provided, the 81.17county or watershed district may enforce this section under the authority granted in section 81.18103B.101, subdivision 12a , or by rule of the watershed district or ordinance or other official 81.19control of the county. Before exercising administrative penalty authority, a county or 81.20watershed district must adopt a plan consistent with the plan adopted by the board containing 81.21procedures for the issuance of administrative penalty orders and may issue orders beginning 81.22November 1, 2017. If a county or watershed district with jurisdiction over the noncompliant 81.23site has not adopted a plan, rule, ordinance, or official control under this paragraph, the 81.24board must enforce this section under the authority granted in section 103B.101, subdivision 81.2512a . 81.26(d) If the county, watershed district, or board determines that sufficient steps have been 81.27taken to fully resolve noncompliance, all or part of the penalty may be forgiven. 81.28(e) An order issued under paragraph (c) may be appealed to the board as provided under 81.29subdivision 9. 81.30(f) A corrective action is not required for conditions resulting from a flood or other act 81.31of nature. 81.32(g) A landowner agent or operator of a landowner may not remove or willfully degrade 81.33a riparian buffer or water quality practice, wholly or partially, unless the agent or operator 81.34has obtained a signed statement from the property owner stating that the permission for the 82.1work has been granted by the unit of government authorized to approve the work in this 82.2section or that a buffer or water quality practice is not required as validated by the soil and 82.3water conservation district. Removal or willful degradation of a riparian buffer or water 82.4quality practice, wholly or partially, by an agent or operator is a separate and independent 82.5offense and may be subject to the corrective actions and penalties in this subdivision. 82.6 new text begin (h) A county or watershed district or the board shall not enforce this section unless new text end 82.7 new text begin federal or state assistance is available to the landowner to pay 100 percent of the cost to new text end 82.8 new text begin establish buffers or other water resource protection measures approved by the board and new text end 82.9 new text begin annual payments or an easement for the land. new text end 82.10    Sec. 96. Minnesota Statutes 2016, section 103G.005, is amended by adding a subdivision 82.11to read: 82.12     new text begin Subd. 8a. new text end new text begin Constructed management facilities for storm water. new text end new text begin "Constructed new text end 82.13 new text begin management facilities for storm water" means ponds, basins, holding tanks, cisterns, new text end 82.14 new text begin infiltration trenches and swales, or other best management practices that have been designed, new text end 82.15 new text begin constructed, and operated to store or treat storm water in accordance with local, state, or new text end 82.16 new text begin federal requirements. new text end 82.17    Sec. 97. Minnesota Statutes 2016, section 103G.005, subdivision 10b, is amended to read: 82.18    Subd. 10b. Greater than 80 percent area. "Greater than 80 percent area" means a 82.19county or new text begin , new text end watershed new text begin , or, for purposes of wetland replacement, bank service area new text end where 80 82.20percent or more of the presettlement wetland acreage is intact and: 82.21(1) ten percent or more of the current total land area is wetland; or 82.22(2) 50 percent or more of the current total land area is state or federal land. 82.23    Sec. 98. Minnesota Statutes 2016, section 103G.005, subdivision 10h, is amended to read: 82.24    Subd. 10h. Less than 50 percent area. "Less than 50 percent area" means a county or new text begin , new text end 82.25watershed new text begin , or, for purposes of wetland replacement, bank service area new text end with less than 50 82.26percent of the presettlement wetland acreage intact or any county or new text begin , new text end watershed new text begin , or bank new text end 82.27 new text begin service area new text end not defined as a "greater than 80 percent area" or "50 to 80 percent area." 82.28    Sec. 99. Minnesota Statutes 2016, section 103G.222, subdivision 1, is amended to read: 82.29    Subdivision 1. Requirements. (a) Wetlands must not be drained or filled, wholly or 82.30partially, unless replaced by actions that provide at least equal public value under a 83.1replacement plan approved as provided in section 103G.2242, a replacement plan under a 83.2local governmental unit's comprehensive wetland protection and management plan approved 83.3by the board under section 103G.2243, or, if a permit to mine is required under section 83.493.481 , under a mining reclamation plan approved by the commissioner under the permit 83.5to mine. new text begin Project-specific wetland replacement plans submitted as part of a project for which new text end 83.6 new text begin a permit to mine is required and approved by the commissioner on or after July 1, 1991, new text end 83.7 new text begin may include surplus wetland credits to be allocated by the commissioner to offset future new text end 83.8 new text begin mining-related wetland impacts under any permits to mine held by the permittee, the operator, new text end 83.9 new text begin the permittee's or operator's parent, an affiliated subsidiary, or an assignee pursuant to an new text end 83.10 new text begin assignment under section 93.481, subdivision 5. new text end For project-specific wetland replacement 83.11completed prior to wetland impacts authorized or conducted under a permit to mine within 83.12the Great Lakes and Rainy River watershed basins, those basins shall be considered a single 83.13watershed for purposes of determining wetland replacement ratios. Mining reclamation 83.14plans shall apply the same principles and standards for replacing wetlands that are applicable 83.15to mitigation plans approved as provided in section 103G.2242. new text begin The commissioner must new text end 83.16 new text begin provide notice of an application for wetland replacement under a permit to mine to the new text end 83.17 new text begin county in which the impact is proposed and the county in which a mitigation site is proposed. new text end 83.18Public value must be determined in accordance with section 103B.3355 or a comprehensive 83.19wetland protection and management plan established under section 103G.2243. Sections 83.20103G.221 to 103G.2372 also apply to excavation in permanently and semipermanently 83.21flooded areas of types 3, 4, and 5 wetlands. 83.22    (b) Replacement must be guided by the following principles in descending order of 83.23priority: 83.24    (1) avoiding the direct or indirect impact of the activity that may destroy or diminish 83.25the wetland; 83.26    (2) minimizing the impact by limiting the degree or magnitude of the wetland activity 83.27and its implementation; 83.28    (3) rectifying the impact by repairing, rehabilitating, or restoring the affected wetland 83.29environment; 83.30    (4) reducing or eliminating the impact over time by preservation and maintenance 83.31operations during the life of the activity; 83.32    (5) compensating for the impact by restoring a wetland; and 83.33    (6) compensating for the impact by replacing or providing substitute wetland resources 83.34or environments. 84.1    For a project involving the draining or filling of wetlands in an amount not exceeding 84.210,000 square feet more than the applicable amount in section 103G.2241, subdivision 9, 84.3paragraph (a), the local government unit may make an on-site sequencing determination 84.4without a written alternatives analysis from the applicant. 84.5    (c) If a wetland is located in a cultivated field, then replacement must be accomplished 84.6through restoration only without regard to the priority order in paragraph (b), provided that 84.7the altered wetland is not converted to a nonagricultural use for at least ten years. 84.8    (d) If a wetland is replaced under paragraph (c), or drained under section 103G.2241, 84.9subdivision 2 , paragraph (b) or (e), the local government unit may require a deed restriction 84.10that prohibits nonagricultural use for at least ten years. The local government unit may 84.11require the deed restriction if it determines the wetland area drained is at risk of conversion 84.12to a nonagricultural use within ten years based on the zoning classification, proximity to a 84.13municipality or full service road, or other criteria as determined by the local government 84.14unit. 84.15    (e) Restoration and replacement of wetlands must be accomplished in accordance with 84.16the ecology of the landscape area affected and ponds that are created primarily to fulfill 84.17storm water management, and water quality treatment requirements may not be used to 84.18satisfy replacement requirements under this chapter unless the design includes pretreatment 84.19of runoff and the pond is functioning as a wetland. 84.20    (f) Except as provided in paragraph (g), for a wetland or public waters wetland located 84.21on nonagricultural land, replacement must be in the ratio of two acres of replaced wetland 84.22for each acre of drained or filled wetland. 84.23    (g) For a wetland or public waters wetland located on agricultural land or in a greater 84.24than 80 percent area, replacement must be in the ratio of one acre of replaced wetland for 84.25each acre of drained or filled wetland. 84.26    (h) Wetlands that are restored or created as a result of an approved replacement plan are 84.27subject to the provisions of this section for any subsequent drainage or filling. 84.28    (i) Except in a greater than 80 percent area, only wetlands that have been restored from 84.29previously drained or filled wetlands, wetlands created by excavation in nonwetlands, 84.30wetlands created by dikes or dams along public or private drainage ditches, or wetlands 84.31created by dikes or dams associated with the restoration of previously drained or filled 84.32wetlands may be used for wetland replacement according to rules adopted under section 84.33103G.2242, subdivision 1 . Modification or conversion of nondegraded naturally occurring 84.34wetlands from one type to another are not eligible for wetland replacement. 85.1    (j) The Technical Evaluation Panel established under section 103G.2242, subdivision 85.22 , shall ensure that sufficient time has occurred for the wetland to develop wetland 85.3characteristics of soils, vegetation, and hydrology before recommending that the wetland 85.4be deposited in the statewide wetland bank. If the Technical Evaluation Panel has reason 85.5to believe that the wetland characteristics may change substantially, the panel shall postpone 85.6its recommendation until the wetland has stabilized. 85.7    (k) This section and sections 103G.223 to 103G.2242, 103G.2364, and 103G.2365 apply 85.8to the state and its departments and agencies. 85.9    (l) For projects involving draining or filling of wetlands associated with a new public 85.10transportation project, and for projects expanded solely for additional traffic capacity, public 85.11transportation authorities may purchase credits from the board at the cost to the board to 85.12establish credits. Proceeds from the sale of credits provided under this paragraph are 85.13appropriated to the board for the purposes of this paragraph. For the purposes of this 85.14paragraph, "transportation project" does not include an airport project. 85.15    (m) A replacement plan for wetlands is not required for individual projects that result 85.16in the filling or draining of wetlands for the repair, rehabilitation, reconstruction, or 85.17replacement of a currently serviceable existing state, city, county, or town public road 85.18necessary, as determined by the public transportation authority, to meet state or federal 85.19design or safety standards or requirements, excluding new roads or roads expanded solely 85.20for additional traffic capacity lanes. This paragraph only applies to authorities for public 85.21transportation projects that: 85.22    (1) minimize the amount of wetland filling or draining associated with the project and 85.23consider mitigating important site-specific wetland functions on site; 85.24    (2) except as provided in clause (3), submit project-specific reports to the board, the 85.25Technical Evaluation Panel, the commissioner of natural resources, and members of the 85.26public requesting a copy at least 30 days prior to construction that indicate the location, 85.27amount, and type of wetlands to be filled or drained by the project or, alternatively, convene 85.28an annual meeting of the parties required to receive notice to review projects to be 85.29commenced during the upcoming year; and 85.30    (3) for minor and emergency maintenance work impacting less than 10,000 square feet, 85.31submit project-specific reports, within 30 days of commencing the activity, to the board 85.32that indicate the location, amount, and type of wetlands that have been filled or drained. 85.33    Those required to receive notice of public transportation projects may appeal 85.34minimization, delineation, and on-site mitigation decisions made by the public transportation 86.1authority to the board according to the provisions of section 103G.2242, subdivision 9. The 86.2Technical Evaluation Panel shall review minimization and delineation decisions made by 86.3the public transportation authority and provide recommendations regarding on-site mitigation 86.4if requested to do so by the local government unit, a contiguous landowner, or a member 86.5of the Technical Evaluation Panel. 86.6    Except for state public transportation projects, for which the state Department of 86.7Transportation is responsible, the board must replace the wetlands, and wetland areas of 86.8public waters if authorized by the commissioner or a delegated authority, drained or filled 86.9by public transportation projects on existing roads. 86.10    Public transportation authorities at their discretion may deviate from federal and state 86.11design standards on existing road projects when practical and reasonable to avoid wetland 86.12filling or draining, provided that public safety is not unreasonably compromised. The local 86.13road authority and its officers and employees are exempt from liability for any tort claim 86.14for injury to persons or property arising from travel on the highway and related to the 86.15deviation from the design standards for construction or reconstruction under this paragraph. 86.16This paragraph does not preclude an action for damages arising from negligence in 86.17construction or maintenance on a highway. 86.18    (n) If a landowner seeks approval of a replacement plan after the proposed project has 86.19already affected the wetland, the local government unit may require the landowner to replace 86.20the affected wetland at a ratio not to exceed twice the replacement ratio otherwise required. 86.21    (o) A local government unit may request the board to reclassify a county or watershed 86.22on the basis of its percentage of presettlement wetlands remaining. After receipt of 86.23satisfactory documentation from the local government, the board shall change the 86.24classification of a county or watershed. If requested by the local government unit, the board 86.25must assist in developing the documentation. Within 30 days of its action to approve a 86.26change of wetland classifications, the board shall publish a notice of the change in the 86.27Environmental Quality Board Monitor. 86.28    (p) One hundred citizens who reside within the jurisdiction of the local government unit 86.29may request the local government unit to reclassify a county or watershed on the basis of 86.30its percentage of presettlement wetlands remaining. In support of their petition, the citizens 86.31shall provide satisfactory documentation to the local government unit. The local government 86.32unit shall consider the petition and forward the request to the board under paragraph (o) or 86.33provide a reason why the petition is denied. 86.34 new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively from July 1, 1991. new text end 87.1    Sec. 100. Minnesota Statutes 2016, section 103G.222, subdivision 3, is amended to read: 87.2    Subd. 3. Wetland replacement siting. (a) Impacted wetlands in a 50 to new text begin Impacted new text end 87.3 new text begin wetlands outside of a greater than new text end 80 percent area must new text begin not new text end be replaced in a 50 to new text begin greater new text end 87.4 new text begin than new text end 80 percent area or in a less than 50 percent area. Impacted wetlands in a less than 50 87.5percent area must be replaced in a less than 50 percent area. All wetland replacement must 87.6follow this priority order: 87.7    (1) on site or in the same minor watershed as the impacted wetland; 87.8    (2) in the same watershed as the impacted wetland; 87.9    (3) in the same county or wetland bank service area as the impacted wetland; and 87.10    (4) in another wetland bank service area. 87.11(b) Notwithstanding paragraph (a), wetland banking credits approved according to a 87.12complete wetland banking application submitted to a local government unit by April 1, 87.131996, may be used to replace wetland impacts resulting from public transportation projects 87.14statewide. 87.15    (c) Notwithstanding paragraph (a), clauses (1) and (2), the priority order for replacement 87.16by wetland banking begins at paragraph (a), clause (3), according to rules adopted under 87.17section 103G.2242, subdivision 1. 87.18    (d) When reasonable, practicable, and environmentally beneficial replacement 87.19opportunities are not available in siting priorities listed in paragraph (a), the applicant may 87.20seek opportunities at the next level. 87.21    (e) For the purposes of this section, "reasonable, practicable, and environmentally 87.22beneficial replacement opportunities" are defined as opportunities that: 87.23    (1) take advantage of naturally occurring hydrogeomorphological conditions and require 87.24minimal landscape alteration; 87.25    (2) have a high likelihood of becoming a functional wetland that will continue in 87.26perpetuity; 87.27    (3) do not adversely affect other habitat types or ecological communities that are 87.28important in maintaining the overall biological diversity of the area; and 87.29    (4) are available and capable of being done after taking into consideration cost, existing 87.30technology, and logistics consistent with overall project purposes. 88.1    (f) Regulatory agencies, local government units, and other entities involved in wetland 88.2restoration shall collaborate to identify potential replacement opportunities within their 88.3jurisdictional areas. 88.4    (g) The board must establish wetland replacement ratios and wetland bank service area 88.5priorities to implement the siting and targeting of wetland replacement and encourage the 88.6use of high priority areas for wetland replacement. 88.7 new text begin (h) Wetland replacement sites identified in accordance with the priority order for new text end 88.8 new text begin replacement siting in paragraph (a) as part of the completion of an adequate environmental new text end 88.9 new text begin impact statement may be approved for a replacement plan under section 93.481, 103G.2242, new text end 88.10 new text begin or 103G.2243 without further modification related to the priority order, notwithstanding new text end 88.11 new text begin availability of new mitigation sites or availability of credits after completion of an adequate new text end 88.12 new text begin environmental impact statement. Wetland replacement plan applications must be submitted new text end 88.13 new text begin within one year of the adequacy determination of the environmental impact statement to be new text end 88.14 new text begin eligible for approval under this paragraph. new text end 88.15    Sec. 101. Minnesota Statutes 2016, section 103G.223, is amended to read: 88.16103G.223 CALCAREOUS FENS. 88.17 new text begin (a) new text end Calcareous fens, as identified by the commissioner by written order published in the 88.18State Register, may not be filled, drained, or otherwise degraded, wholly or partially, by 88.19any activity, unless the commissioner, under an approved management plan, decides some 88.20alteration is necessary. Identifications made by the commissioner are not subject to the 88.21rulemaking provisions of chapter 14 and section 14.386 does not apply. 88.22 new text begin (b) Notwithstanding paragraph (a), the commissioner must allow temporary reductions new text end 88.23 new text begin in groundwater resources on a seasonal basis under an approved management plan for new text end 88.24 new text begin appropriating water. new text end 88.25    Sec. 102. Minnesota Statutes 2016, section 103G.2242, subdivision 1, is amended to read: 88.26    Subdivision 1. Rules. (a) The board, in consultation with the commissioner, shall adopt 88.27rules governing the approval of wetland value replacement plans under this section and 88.28public-waters-work permits affecting public waters wetlands under section 103G.245. These 88.29rules must address the criteria, procedure, timing, and location of acceptable replacement 88.30of wetland values and may address the state establishment and administration of a wetland 88.31banking program for public and private projects, including provisions for an in-lieu fee 88.32program; the administrative, monitoring, and enforcement procedures to be used; and a 89.1procedure for the review and appeal of decisions under this section. In the case of peatlands, 89.2the replacement plan rules must consider the impact on carbon. Any in-lieu fee program 89.3established by the board must conform with Code of Federal Regulations, title 33, section 89.4332.8, as amended. 89.5(b) After the adoption of the rules, a replacement plan must be approved by a resolution 89.6of the governing body of the local government unit, consistent with the provisions of the 89.7rules or a comprehensive wetland protection and management plan approved under section 89.8103G.2243 . 89.9(c) If the local government unit fails to apply the rules, or fails to implement a local 89.10comprehensive wetland protection and management plan established under section 89.11103G.2243 , the government unit is subject to penalty as determined by the board. 89.12 new text begin (d) When making a determination under rules adopted pursuant to this subdivision on new text end 89.13 new text begin whether a rare natural community will be permanently adversely affected, consideration of new text end 89.14 new text begin measures to mitigate any adverse effect on the community must be considered. new text end 89.15    Sec. 103. Minnesota Statutes 2016, section 103G.2242, subdivision 2, is amended to read: 89.16    Subd. 2. Evaluation. (a) Questions concerning the public value, location, size, or type 89.17of a wetland shall be submitted to and determined by a Technical Evaluation Panel after an 89.18on-site inspection. The Technical Evaluation Panel shall be composed of a technical 89.19professional employee of the board, a technical professional employee of the local soil and 89.20water conservation district or districts, a technical professional with expertise in water 89.21resources management appointed by the local government unit, and a technical professional 89.22employee of the Department of Natural Resources for projects affecting public waters or 89.23wetlands adjacent to public waters. The panel shall use the "United States Army Corps of 89.24Engineers Wetland Delineation Manual" (January 1987), including updates, supplementary 89.25guidance, and replacements, if any, "Wetlands of the United States" (United States Fish and 89.26Wildlife Service Circular 39, 1971 edition), and "Classification of Wetlands and Deepwater 89.27Habitats of the United States" (1979 edition). The panel shall provide the wetland 89.28determination and recommendations on other technical matters to the local government unit 89.29that must approve a replacement plan, sequencing, exemption determination, no-loss 89.30determination, or wetland boundary or type determination and may recommend approval 89.31or denial of the plan. The authority must consider and include the decision of the Technical 89.32Evaluation Panel in their approval or denial of a plan or determination. 89.33 new text begin (b) A member of the Technical Evaluation Panel that has a financial interest in a wetland new text end 89.34 new text begin bank or management responsibility to sell or make recommendations in their official capacity new text end 90.1 new text begin to sell credits from a publicly owned wetland bank must disclose that interest, in writing, new text end 90.2 new text begin to the Technical Evaluation Panel and the local government unit. new text end 90.3    (b) new text begin (c) new text end Persons conducting wetland or public waters boundary delineations or type 90.4determinations are exempt from the requirements of chapter 326. The board may develop 90.5a professional wetland delineator certification program. 90.6(c) new text begin (d) new text end The board must establish an interagency team to assist in identifying and evaluating 90.7potential wetland replacement sites. The team must consist of members of the Technical 90.8Evaluation Panel and representatives from the Department of Natural Resources; the Pollution 90.9Control Agency; the United States Army Corps of Engineers, St. Paul district; and other 90.10organizations as determined by the board. 90.11    Sec. 104. Minnesota Statutes 2016, section 103G.2372, subdivision 1, is amended to read: 90.12    Subdivision 1. Authority; orders. (a) The commissioner of natural resources, 90.13conservation officers, and peace officers shall enforce laws preserving and protecting 90.14groundwater quantity, wetlands, and public waters. The commissioner of natural resources, 90.15a conservation officer, or a peace officer may issue a cease and desist order to stop any 90.16illegal activity adversely affecting groundwater quantity, a wetland, or public waters. 90.17(b) In the order, or by separate order, the commissioner, conservation officer, or peace 90.18officer may require restoration or replacement of the wetland or public waters, as determined 90.19by the local soil and water conservation district for wetlands and the commissioner of natural 90.20resources for public waters. Restoration or replacement orders may be recorded or filed in 90.21the office of the county recorder or registrar of titles, as appropriate, in the county where 90.22the real property is located by the commissioner of natural resources, conservation officers, 90.23or peace officers as a deed restriction on the property that runs with the land and is binding 90.24on the owners, successors, and assigns until the conditions of the order are met or the order 90.25is rescinded. Notwithstanding section 386.77, the agency shall pay the applicable filing fee 90.26for any document filed under this section. 90.27 new text begin (c) If a court has ruled that there has not been a violation of the restoration or replacement new text end 90.28 new text begin order, an order may not be recorded or filed under this section. new text end 90.29 new text begin (d) If an order was recorded before a court finding that there has not been a violation or new text end 90.30 new text begin an order was filed before the effective date of this section and the deed restriction would new text end 90.31 new text begin have been in violation of paragraph (c), the commissioner must remove the deed restriction new text end 90.32 new text begin if the owner of the property requests the commissioner to remove it. Within 30 days of new text end 90.33 new text begin receiving the request for removal from the owner, the commissioner must contact, in writing, new text end 91.1 new text begin the office of the county recorder or registrar of titles where the order is recorded or filed, new text end 91.2 new text begin along with all applicable fees, and have the order removed. Within 30 days of receiving new text end 91.3 new text begin notification from the office of the county recorder or registrar of titles that the order has new text end 91.4 new text begin been removed, the commissioner must inform the owner that the order has been removed new text end 91.5 new text begin and provide the owner with a copy of any documentation provided by the office of the new text end 91.6 new text begin county recorder or registrar of titles. new text end 91.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 91.8    Sec. 105. Minnesota Statutes 2016, section 103G.271, subdivision 1, is amended to read: 91.9    Subdivision 1. Permit required. (a) Except as provided in paragraph (b), the state, a 91.10person, partnership, or association, private or public corporation, county, municipality, or 91.11other political subdivision of the state may not appropriate or use waters of the state without 91.12a water-use permit from the commissioner. 91.13(b) This section does not apply to new text begin the following water uses: new text end 91.14 new text begin (1) new text end use for a water supply by less than 25 persons for domestic purposes, except as 91.15required by the commissioner under section 103G.287, subdivision 4, paragraph (b). new text begin ; new text end new text begin new text end 91.16 new text begin (2) nonconsumptive diversion of a surface water of the state from its natural channel for new text end 91.17 new text begin the production of hydroelectric or hydromechanical power at structures that were in existence new text end 91.18 new text begin on and before July 1, 1937, including repowering, upgrades, or additions to those facilities; new text end 91.19 new text begin or new text end 91.20 new text begin (3) appropriation or use of storm water collected and used to reduce storm-water runoff new text end 91.21 new text begin volume, treat storm water, or sustain groundwater supplies when water is extracted from new text end 91.22 new text begin constructed management facilities for storm water. new text end 91.23(c) The commissioner may issue a state general permit for appropriation of water to a 91.24governmental subdivision or to the general public. The general permit may authorize more 91.25than one project and the appropriation or use of more than one source of water. Water-use 91.26permit processing fees and reports required under subdivision 6 and section 103G.281, 91.27subdivision 3 , are required for each project or water source that is included under a general 91.28permit, except that no fee is required for uses totaling less than 15,000,000 gallons annually. 91.29    Sec. 106. Minnesota Statutes 2016, section 103G.271, subdivision 6, is amended to read: 91.30    Subd. 6. Water-use permit processing fee. (a) Except as described in paragraphs (b) 91.31to (g), a water-use permit processing fee must be prescribed by the commissioner in 91.32accordance with the schedule of fees in this subdivision for each water-use permit in force 92.1at any time during the year. Fees collected under this paragraph are credited to the water 92.2management account in the natural resources fund. The schedule is as follows, with the 92.3stated fee in each clause applied to the total amount appropriated: 92.4    (1) $140 for amounts not exceeding 50,000,000 gallons per year; 92.5    (2) $3.50 per 1,000,000 gallons for amounts greater than 50,000,000 gallons but less 92.6than 100,000,000 gallons per year; 92.7    (3) $4 per 1,000,000 gallons for amounts greater than 100,000,000 gallons but less than 92.8150,000,000 gallons per year; 92.9    (4) $4.50 per 1,000,000 gallons for amounts greater than 150,000,000 gallons but less 92.10than 200,000,000 gallons per year; 92.11    (5) $5 per 1,000,000 gallons for amounts greater than 200,000,000 gallons but less than 92.12250,000,000 gallons per year; 92.13    (6) $5.50 per 1,000,000 gallons for amounts greater than 250,000,000 gallons but less 92.14than 300,000,000 gallons per year; 92.15    (7) $6 per 1,000,000 gallons for amounts greater than 300,000,000 gallons but less than 92.16350,000,000 gallons per year; 92.17    (8) $6.50 per 1,000,000 gallons for amounts greater than 350,000,000 gallons but less 92.18than 400,000,000 gallons per year; 92.19    (9) $7 per 1,000,000 gallons for amounts greater than 400,000,000 gallons but less than 92.20450,000,000 gallons per year; 92.21    (10) $7.50 per 1,000,000 gallons for amounts greater than 450,000,000 gallons but less 92.22than 500,000,000 gallons per year; and 92.23    (11) $8 per 1,000,000 gallons for amounts greater than 500,000,000 gallons per year. 92.24    (b) For once-through cooling systems, a water-use processing fee must be prescribed 92.25by the commissioner in accordance with the following schedule of fees for each water-use 92.26permit in force at any time during the year: 92.27    (1) for nonprofit corporations and school districts, $200 per 1,000,000 gallons; and 92.28    (2) for all other users, $420 per 1,000,000 gallons. 92.29    (c) The fee is payable based on the amount of water appropriated during the year and, 92.30except as provided in paragraph (f), the minimum fee is $100. 92.31    (d) For water-use processing fees other than once-through cooling systems: 93.1    (1) the fee for a city of the first class may not exceed $250,000 per year; 93.2    (2) the fee for other entities for any permitted use may not exceed: 93.3    (i) $60,000 per year for an entity holding three or fewer permits; 93.4    (ii) $90,000 per year for an entity holding four or five permits; or 93.5    (iii) $300,000 per year for an entity holding more than five permits; 93.6    (3) the fee for agricultural irrigation may not exceed $750 per year; 93.7    (4) the fee for a municipality that furnishes electric service and cogenerates steam for 93.8home heating may not exceed $10,000 for its permit for water use related to the cogeneration 93.9of electricity and steam; and 93.10 new text begin (5) the fee for a facility that temporarily diverts a water of the state from its natural new text end 93.11 new text begin channel to produce hydroelectric or hydromechanical power may not exceed $5,000 per new text end 93.12 new text begin year. A permit for such a facility does not count toward the number of permits held by an new text end 93.13 new text begin entity as described in paragraph (d); and new text end 93.14    (5) new text begin (6) new text end no fee is required for a project involving the appropriation of surface water to 93.15prevent flood damage or to remove flood waters during a period of flooding, as determined 93.16by the commissioner. 93.17    (e) Failure to pay the fee is sufficient cause for revoking a permit. A penalty of ten 93.18percent per month calculated from the original due date must be imposed on the unpaid 93.19balance of fees remaining 30 days after the sending of a second notice of fees due. A fee 93.20may not be imposed on an agency, as defined in section 16B.01, subdivision 2, or federal 93.21governmental agency holding a water appropriation permit. 93.22    (f) The minimum water-use processing fee for a permit issued for irrigation of agricultural 93.23land is $20 for years in which: 93.24    (1) there is no appropriation of water under the permit; or 93.25    (2) the permit is suspended for more than seven consecutive days between May 1 and 93.26October 1. 93.27(g) The commissioner shall waive the water-use permit fee for installations and projects 93.28that use storm water runoff or where public entities are diverting water to treat a water 93.29quality issue and returning the water to its source without using the water for any other 93.30purpose, unless the commissioner determines that the proposed use adversely affects surface 93.31water or groundwater. 94.1    (h) A surcharge of $30 per million gallons in addition to the fee prescribed in paragraph 94.2(a) shall be applied to the volume of water used in each of the months of June, July, and 94.3August that exceeds the volume of water used in January for municipal water use, irrigation 94.4of golf courses, and landscape irrigation. The surcharge for municipalities with more than 94.5one permit shall be determined based on the total appropriations from all permits that supply 94.6a common distribution system. 94.7    Sec. 107. Minnesota Statutes 2016, section 103G.271, subdivision 6a, is amended to read: 94.8    Subd. 6a. Fees for past unpermitted appropriations. An entity that appropriates water 94.9without a required permit under subdivision 1 must pay the applicable water-use permit 94.10processing fee specified in subdivision 6 for the period during which the unpermitted 94.11appropriation occurred. The fees for unpermitted appropriations are required for the previous 94.12seven calendar years after being notified of the need for a permit. This fee is in addition to 94.13any other fee or penalty assessed. The commissioner may waive payment of fees for past 94.14unpermitted appropriations for a residential system permitted under subdivision 5, paragraph 94.15(b) new text begin , or for a hydroelectric or hydromechanical facility that temporarily diverts a water of new text end 94.16 new text begin the state from its natural channel new text end . 94.17    Sec. 108. Minnesota Statutes 2016, section 103G.271, subdivision 7, is amended to read: 94.18    Subd. 7. Transfer of permit. A water-use permit may be transferred to a successive 94.19owner of real property if the permittee conveys the real property where the source of water 94.20is located. The new owner must notify the commissioner immediately after the conveyance 94.21and request transfer of the permit. new text begin If notified, the commissioner must transfer the permit to new text end 94.22 new text begin the successive owner. new text end 94.23    Sec. 109. Minnesota Statutes 2016, section 103G.271, is amended by adding a subdivision 94.24to read: 94.25     new text begin Subd. 8. new text end new text begin Management plans; economic impacts. new text end new text begin Before requiring a change to a new text end 94.26 new text begin management plan for appropriating water, the commissioner must provide estimates of the new text end 94.27 new text begin economic impact of any new restriction or policy on existing and future groundwater users new text end 94.28 new text begin in the affected area. new text end 95.1    Sec. 110. Minnesota Statutes 2016, section 103G.287, subdivision 1, is amended to read: 95.2    Subdivision 1. Applications for groundwater appropriations; preliminary well 95.3construction approval. (a) Groundwater use permit applications are not complete until the 95.4applicant has supplied: 95.5(1) a water well record as required by section 103I.205, subdivision 9, information on 95.6the subsurface geologic formations penetrated by the well and the formation or aquifer that 95.7will serve as the water source, and geologic information from test holes drilled to locate the 95.8site of the production well; 95.9(2) the maximum daily, seasonal, and annual pumpage rates and volumes being requested; 95.10(3) information on groundwater quality in terms of the measures of quality commonly 95.11specified for the proposed water use and details on water treatment necessary for the proposed 95.12use; 95.13(4) the results of an aquifer test completed according to specifications approved by the 95.14commissioner. The test must be conducted at the maximum pumping rate requested in the 95.15application and for a length of time adequate to assess or predict impacts to other wells and 95.16surface water and groundwater resources. The permit applicant is responsible for all costs 95.17related to the aquifer test, including the construction of groundwater and surface water 95.18monitoring installations, and water level readings before, during, and after the aquifer test; 95.19and 95.20(5) the results of any assessments conducted by the commissioner under paragraph (c). 95.21(b) The commissioner may waive an application requirement in this subdivision if the 95.22information provided with the application is adequate to determine whether the proposed 95.23appropriation and use of water is sustainable and will protect ecosystems, water quality, 95.24and the ability of future generations to meet their own needs. 95.25(c) The commissioner shall provide an assessment of a proposed well needing a 95.26groundwater appropriation permit. The commissioner shall evaluate the information submitted 95.27as required under section 103I.205, subdivision 1, paragraph (f), and determine whether the 95.28anticipated appropriation request is likely to meet the applicable requirements of this chapter. 95.29If the appropriation request is likely to meet applicable requirements, the commissioner 95.30shall provide the person submitting the information with a letter providing preliminary 95.31approval to construct the well new text begin and the requirements, including test-well information, that new text end 95.32 new text begin will be needed to obtain the permit new text end . 96.1 new text begin (d) The commissioner must provide an applicant denied a groundwater use permit or new text end 96.2 new text begin issued a groundwater use permit that is reduced or restricted from the original request with new text end 96.3 new text begin all information the commissioner used in making the determination, including hydrographs, new text end 96.4 new text begin flow tests, aquifer tests, topographic maps, field reports, photographs, and proof of equipment new text end 96.5 new text begin calibration. new text end 96.6    Sec. 111. Minnesota Statutes 2016, section 103G.287, subdivision 4, is amended to read: 96.7    Subd. 4. Groundwater management areas. (a) The commissioner may designate 96.8groundwater management areas and limit total annual water appropriations and uses within 96.9a designated area to ensure sustainable use of groundwater that protects ecosystems, water 96.10quality, and the ability of future generations to meet their own needs. Water appropriations 96.11and uses within a designated management area must be consistent with a groundwater 96.12management area plan approved by the commissioner that addresses water conservation 96.13requirements and water allocation priorities established in section 103G.261. At least 30 96.14days prior to implementing or modifying a groundwater management area plan under this 96.15subdivision, the commissioner shall consult with the advisory team established in paragraph 96.16(c). 96.17(b) Notwithstanding section 103G.271, subdivision 1, paragraph (b), and Minnesota 96.18Rules, within designated groundwater management areas, the commissioner may require 96.19general permits as specified in section 103G.271, subdivision 1, paragraph (c), for water 96.20users using less than 10,000 gallons per day or 1,000,000 gallons per year and water suppliers 96.21serving less than 25 persons for domestic purposes. The commissioner may waive the 96.22requirements under section 103G.281 for general permits issued under this paragraph, and 96.23the fee specified in section 103G.301, subdivision 2, paragraph (c), does not apply to general 96.24permits issued under this paragraph. 96.25(c) When designating a groundwater management area, the commissioner shall assemble 96.26an advisory team to assist in developing a groundwater management area plan for the area. 96.27The advisory team members shall be selected from public and private entities that have an 96.28interest in the water resources affected by the groundwater management area. A majority 96.29of the advisory team members shall be public and private entities that currently hold water-use 96.30permits for water appropriations from the affected water resources. The commissioner shall 96.31consult with the League of Minnesota Cities, the Association of Minnesota Counties, the 96.32Minnesota Association of Watershed Districts, and the Minnesota Association of Townships 96.33in appointing the local government representatives to the advisory team. The advisory team 96.34may also include representatives from the University of Minnesota, the Minnesota State 97.1Colleges and Universities, other institutions of higher learning in Minnesota, political 97.2subdivisions with jurisdiction over water issues, nonprofits with expertise in water, and 97.3federal agencies. 97.4 new text begin (d) Before making a change under a groundwater management area plan, the new text end 97.5 new text begin commissioner must provide estimates of the economic effect of any new restriction or policy new text end 97.6 new text begin on existing and future groundwater users in the affected area. new text end 97.7    Sec. 112. Minnesota Statutes 2016, section 103G.411, is amended to read: 97.8103G.411 STIPULATION OF LOW-WATER MARK. 97.9If the state is a party in a civil action relating to the navigability or ownership of the bed 97.10of a body of water, river, or stream, the commissioner, in behalf of the state, with the approval 97.11of the attorney general, may agree by written stipulation with a riparian owner who is a 97.12party to the action on the location of the ordinary low-water mark on the riparian land of 97.13the party. After the stipulation is executed by all parties, it must be presented to the judge 97.14of the district court where the action is pending for approval. If the stipulation is approved, 97.15the judge shall make and enter an order providing that the final judgment when entered shall 97.16conform to the location of the ordinary, low-water mark as provided for in the stipulation 97.17as it relates to the parties to the stipulation. 97.18    Sec. 113. Minnesota Statutes 2016, section 114D.25, is amended by adding a subdivision 97.19to read: 97.20     new text begin Subd. 6. new text end new text begin Impaired waters list; public notice and process. new text end new text begin The commissioner of the new text end 97.21 new text begin Pollution Control Agency must allow at least 60 days for public comment after publishing new text end 97.22 new text begin the draft impaired waters list required under the federal Clean Water Act. A person may new text end 97.23 new text begin petition the agency to hold a contested case hearing on the draft impaired waters list. A new text end 97.24 new text begin valid basis for challenging an impairment determination includes, but is not limited to, new text end 97.25 new text begin agency reliance on data that do not reflect recent significant infrastructure investments and new text end 97.26 new text begin documented pollutant reductions. new text end 97.27    Sec. 114. new text begin [115.051] REVIEW OF PROPOSED ACTIONS OF THE POLLUTION new text end 97.28 new text begin CONTROL AGENCY. new text end 97.29     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin (a) The definitions in this subdivision apply to this section. new text end 97.30 new text begin (b) "Local government unit" means a statutory or home rule charter city, county, local new text end 97.31 new text begin public utilities commission, sanitary district, or an organization formed for the joint exercise new text end 97.32 new text begin of powers under section 471.59. new text end 98.1 new text begin (c) "Proposed action" means an action that is all of the following: new text end 98.2 new text begin (1) being considered by the commissioner of the Pollution Control Agency or has been new text end 98.3 new text begin undertaken by the commissioner but is not yet final; new text end 98.4 new text begin (2) would, once final, constitute one of the following: new text end 98.5 new text begin (i) the issuance, amendment, modification, or denial of a water quality standard under new text end 98.6 new text begin section 115.44, a water-related permit, a total maximum daily load (TMDL) study, or a new text end 98.7 new text begin watershed restoration and protection strategy (WRAPS); or new text end 98.8 new text begin (ii) another action or decision undertaken pursuant to the commissioner's authority under new text end 98.9 new text begin this chapter or chapter 114D that is or would be eligible for a contested case hearing under new text end 98.10 new text begin chapter 14 or that would constitute rulemaking under that chapter. new text end 98.11 new text begin (d) "Requisite number" means five or more if the proposed action is rulemaking under new text end 98.12 new text begin chapter 14. The term means one or more if the proposed action is one that is or would be new text end 98.13 new text begin eligible for a contested case hearing under chapter 14. new text end 98.14 new text begin (e) "Review petition" means a written petition of a local government unit adopted by new text end 98.15 new text begin resolution of the applicable governing body that describes the need for review by an expert new text end 98.16 new text begin review panel of the scientific basis of a proposed action that potentially affects the petitioner. new text end new text begin new text end 98.17 new text begin (f) "Review proceeding" means a proceeding under chapter 14 of the Office of new text end 98.18 new text begin Administrative Hearings to review a proposed action. new text end 98.19     new text begin Subd. 2. new text end new text begin Office of Administrative Hearings review of scientific basis for proposed new text end 98.20 new text begin action. new text end new text begin In any review proceeding, the administrative law judge must examine the new text end 98.21 new text begin administrative record and, without deference to the commissioner, independently determine new text end 98.22 new text begin from the record whether: new text end 98.23 new text begin (1) the proposed action is based on reliable scientific data and analyses, as confirmed new text end 98.24 new text begin by publicly available peer-reviewed literature; new text end 98.25 new text begin (2) every test, measurement, or model the commissioner relied on in support of the new text end 98.26 new text begin proposed action was used by the commissioner for the purpose for which the test, new text end 98.27 new text begin measurement, or model was designed, consistent with generally accepted and peer-reviewed new text end 98.28 new text begin scientific practice; new text end 98.29 new text begin (3) the proposed action is consistent with the findings of any applicable external peer new text end 98.30 new text begin review panel the commissioner convened under section 115.035; and new text end 98.31 new text begin (4) the proposed action is based on a demonstrated, significant causal relationship between new text end 98.32 new text begin the parameters of concern and the water-quality objective at issue, not the correlation alone. new text end 99.1 new text begin When a causal relationship may be confounded by other factors, the reviewing authority new text end 99.2 new text begin must determine whether the relevance and effect of those factors were assessed to ensure new text end 99.3 new text begin the predicted causal relationship is valid. new text end new text begin new text end 99.4     new text begin Subd. 3. new text end new text begin Effect of Office of Administrative Hearings finding of inadequate basis for new text end 99.5 new text begin proposed action. new text end new text begin If an administrative law judge determines that any of the conditions set new text end 99.6 new text begin forth in subdivision 2, clauses (1) to (4), are not satisfied, then: new text end 99.7 new text begin (1) if the proposed action was a proposed rule, the administrative law judge must find new text end 99.8 new text begin that the need for or reasonableness of the rule has not been established pursuant to section new text end 99.9 new text begin 14.14, subdivision 2; and new text end 99.10 new text begin (2) if the proposed action was before the Office of Administrative Hearings as part of a new text end 99.11 new text begin contested case hearing, the administrative law judge must include this finding in the report new text end 99.12 new text begin required by sections 14.48 to 14.56, which shall constitute the final decision in the case. new text end 99.13     new text begin Subd. 4. new text end new text begin When independent expert review panel required; composition. new text end new text begin The Office new text end 99.14 new text begin of Administrative Hearings must convene an expert review panel to review the scientific new text end 99.15 new text begin basis of a proposed action when it receives the requisite number of review petitions and new text end 99.16 new text begin finds, based on its independent review of the petitions, that the petitions demonstrate the new text end 99.17 new text begin existence of a material scientific dispute regarding the scientific validity of the commissioner's new text end 99.18 new text begin proposed action. The Office of Administrative Hearings shall issue an order granting or new text end 99.19 new text begin denying a petition within 30 days of its receipt of the petition. A review panel must consist new text end 99.20 new text begin of three independent experts with qualifications in the subject matter of the scientific dispute new text end 99.21 new text begin who are employed neither by the Pollution Control Agency nor by a petitioner to the new text end 99.22 new text begin proceeding and who are not directly or indirectly involved with the work conducted or new text end 99.23 new text begin contracted by the agency. The composition of the panel must be determined as follows: new text end 99.24 new text begin (1) the commissioner of the Pollution Control Agency must select one expert satisfying new text end 99.25 new text begin the requirements of this subdivision; new text end 99.26 new text begin (2) the petitioners must jointly select one expert satisfying the requirements of this new text end 99.27 new text begin subdivision; and new text end 99.28 new text begin (3) the two experts selected under clauses (1) and (2) must mutually agree to a third new text end 99.29 new text begin expert satisfying the requirements of this subdivision. If the two experts are unable to agree new text end 99.30 new text begin on a third expert, the Office of Administrative Hearings must make the appointment. new text end 99.31     new text begin Subd. 5. new text end new text begin Conduct of independent expert review panel. new text end new text begin Upon granting a petition for new text end 99.32 new text begin independent expert review, the Office of Administrative Hearings must, as soon as practicable new text end 99.33 new text begin thereafter, issue an order establishing the independent expert review panel, identifying the new text end 100.1 new text begin independent experts selected pursuant to subdivision 4. This order must include a statement new text end 100.2 new text begin of the specific scientific issues or questions in dispute to be submitted for review by the new text end 100.3 new text begin panel. The commissioner and all petitioners must agree on the issues or questions in dispute new text end 100.4 new text begin to be submitted for review. If they cannot agree on one or more issues or questions, the new text end 100.5 new text begin Office of Administrative Hearings must determine the issue or questions to be submitted new text end 100.6 new text begin giving substantial consideration to the questions raised in any petitions it has received. The new text end 100.7 new text begin panel must review the scientific evidence relevant to those issues or questions as found in new text end 100.8 new text begin the petitions, the administrative record for the proposed action, and the results of any external new text end 100.9 new text begin peer review conducted according to section 115.035, in accordance with the guidance in new text end 100.10 new text begin the United States Environmental Protection Agency's Peer Review Handbook. The panel new text end 100.11 new text begin must submit a written opinion on the scientific validity of the commissioner's approach that new text end 100.12 new text begin is in controversy. If the panel finds deficiencies, the panel must recommend how the new text end 100.13 new text begin deficiencies can be corrected. The written opinion shall become part of the administrative new text end 100.14 new text begin record and must be submitted to the Office of Administrative Hearings, which shall send a new text end 100.15 new text begin written copy of the opinion to the commissioner of the Pollution Control Agency, all new text end 100.16 new text begin petitioners, and the chairs and ranking minority members of the house of representatives new text end 100.17 new text begin and senate committees having jurisdiction over environment and natural resources policy new text end 100.18 new text begin and finance. new text end new text begin new text end 100.19     new text begin Subd. 6. new text end new text begin Status of action pending independent expert panel review. new text end new text begin Once the Office new text end 100.20 new text begin of Administrative Hearings has received the requisite number of review petitions, it must new text end 100.21 new text begin notify the Pollution Control Agency of this fact and: new text end 100.22 new text begin (1) the Pollution Control Agency shall not grant or deny a contested case petition filed new text end 100.23 new text begin by the local government unit on the proposed action that is the subject of a petition or new text end 100.24 new text begin otherwise proceed towards finalizing the proposed action until the Office of Administrative new text end 100.25 new text begin Hearings denies the petition for independent expert review, or if the petition is granted, it new text end 100.26 new text begin has received and considered the written opinion required by subdivision 5; and new text end new text begin new text end 100.27 new text begin (2) the Office of Administrative Hearings shall not conduct the review required by new text end 100.28 new text begin subdivision 2 until it has received the written opinion required by subdivision 5. new text end 100.29     new text begin Subd. 7. new text end new text begin Chapter 14 requirements must be followed. new text end new text begin Nothing in this section shall be new text end 100.30 new text begin construed to abrogate or otherwise repeal any of the procedural requirements of chapter 14. new text end 100.31 new text begin Upon receipt of a written opinion pursuant to subdivision 5, the Pollution Control Agency new text end 100.32 new text begin and the Office of Administrative Hearings shall make the opinion available to the public new text end 100.33 new text begin for review and continue to follow all applicable provisions of chapter 14, including public new text end 100.34 new text begin comment and hearing requirements. new text end new text begin new text end 101.1     new text begin Subd. 8. new text end new text begin Timing of review petition submission. new text end new text begin A review petition submitted to the new text end 101.2 new text begin Office of Administrative Hearings must be submitted within the time period for filing a new text end 101.3 new text begin contested case petition or prior to the expiration of the public comment period as noticed new text end 101.4 new text begin in the statement of intent to adopt the rule, as applicable. new text end 101.5     new text begin Subd. 9. new text end new text begin This section is supplementary. new text end new text begin The duties and procedures set forth in this new text end 101.6 new text begin section are supplementary and applicable to those set forth in section 14.091. new text end 101.7    Sec. 115. new text begin [115.542] NOTICE REQUIREMENTS FOR PUBLICLY OWNED new text end 101.8 new text begin WASTEWATER TREATMENT FACILITIES. new text end 101.9     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin For the purpose of this section, the following terms have new text end 101.10 new text begin the meanings given: new text end 101.11 new text begin (1) "permit" means a national pollutant discharge elimination system (NPDES) permit new text end 101.12 new text begin or state disposal system (SDS) permit; and new text end 101.13 new text begin (2) "permit applicant" means a person or entity submitting an application for a new new text end 101.14 new text begin permit or renewal, modification, or revocation of an existing permit for a publicly owned new text end 101.15 new text begin wastewater treatment facility. new text end 101.16     new text begin Subd. 2. new text end new text begin Applicability. new text end new text begin This section applies to all draft permits and permits for publicly new text end 101.17 new text begin owned wastewater treatment facilities for which the commissioner of the Pollution Control new text end 101.18 new text begin Agency makes a preliminary determination whether to issue or deny. new text end 101.19     new text begin Subd. 3. new text end new text begin Notice requirements. new text end new text begin The commissioner of the Pollution Control Agency must new text end 101.20 new text begin provide a permit applicant with a copy of the draft permit and any fact sheets required by new text end 101.21 new text begin agency rules at least 30 days before the distribution and public notice of the permit application new text end 101.22 new text begin and preliminary determination. new text end 101.23     new text begin Subd. 4. new text end new text begin Public comment period. new text end new text begin The commissioner must prepare and issue a public new text end 101.24 new text begin notice of a completed application and the commissioner's preliminary determination as to new text end 101.25 new text begin whether the permit should be issued or denied. The public comment period must be at least new text end 101.26 new text begin 60 days for permit applications under this section. new text end 101.27    Sec. 116. Minnesota Statutes 2016, section 115B.39, subdivision 2, is amended to read: 101.28    Subd. 2. Definitions. (a) In addition to the definitions in this subdivision, the definitions 101.29in sections 115A.03 and 115B.02 apply to sections 115B.39 to 115B.445, except as 101.30specifically modified in this subdivision. 102.1(b) "Cleanup order" means a consent order between responsible persons and the agency 102.2or an order issued by the United States Environmental Protection Agency under section 106 102.3of the federal Superfund Act. 102.4(c) "Closure" means actions to prevent or minimize the threat to public health and the 102.5environment posed by a mixed municipal solid waste disposal facility that has stopped 102.6accepting waste by controlling the sources of releases or threatened releases at the facility. 102.7"Closure" includes removing contaminated equipment and liners; applying final cover; 102.8grading and seeding final cover; installing wells, borings, and other monitoring devices; 102.9constructing groundwater and surface water diversion structures; and installing gas control 102.10systems and site security systems, as necessary. The commissioner may authorize use of 102.11final cover that includes processed materials that meet the requirements in Code of Federal 102.12Regulations, title 40, section 503.32, paragraph (a). 102.13(d) "Closure upgrade" means construction activity that will, at a minimum, modify an 102.14existing cover so that it satisfies current rule requirements for mixed municipal solid waste 102.15land disposal facilities. 102.16(e) "Contingency action" means organized, planned, or coordinated courses of action to 102.17be followed in case of fire, explosion, or release of solid waste, waste by-products, or 102.18leachate that could threaten human health or the environment. 102.19(f) "Corrective action" means steps taken to repair facility structures including liners, 102.20monitoring wells, separation equipment, covers, and aeration devices and to bring the facility 102.21into compliance with design, construction, groundwater, surface water, and air emission 102.22standards. 102.23(g) new text begin "Custodial" or "custodial care" means actions taken for the care, maintenance, and new text end 102.24 new text begin monitoring of closure actions at a mixed municipal solid waste disposal facility after new text end 102.25 new text begin completion of the postclosure period. new text end 102.26 new text begin (h) new text end "Decomposition gases" means gases produced by chemical or microbial activity 102.27during the decomposition of solid waste. 102.28(h) new text begin (i) new text end "Dump materials" means nonhazardous mixed municipal solid wastes disposed 102.29at a Minnesota waste disposal site other than a qualified facility prior to 1973. 102.30(i) new text begin (j) new text end "Environmental response action" means response action at a qualified facility, 102.31including corrective action, closure, postclosure care; contingency action; environmental 102.32studies, including remedial investigations and feasibility studies; engineering, including 103.1remedial design; removal; remedial action; site construction; and other similar cleanup-related 103.2activities. 103.3(j) new text begin (k) new text end "Environmental response costs" means: 103.4(1) costs of environmental response action, not including legal or administrative expenses; 103.5and 103.6(2) costs required to be paid to the federal government under section 107(a) of the federal 103.7Superfund Act, as amended. 103.8 new text begin (l) "Priority qualified facility" means a qualified facility that is on the list of priorities new text end 103.9 new text begin for the federal Comprehensive Environmental Response, Compensation, and Liability Act new text end 103.10 new text begin and the Minnesota Environmental Response and Liability Act; has received notice under new text end 103.11 new text begin section 115B.40, subdivision 3; has failed to comply with section 115B.40, subdivision 4; new text end 103.12 new text begin and has not entered into a binding agreement with the commissioner. new text end 103.13(k) new text begin (m) new text end "Postclosure" or "postclosure care" means actions taken for the care, maintenance, 103.14and monitoring of closure actions at a mixed municipal solid waste disposal facility. 103.15(l) new text begin (n) new text end "Qualified facility" means a mixed municipal solid waste disposal facility as 103.16described in the most recent agency permit, including adjacent property used for solid waste 103.17disposal that did not occur under a permit from the agency, that: 103.18(1)(i) is or was permitted by the agency; 103.19(ii) stopped accepting solid waste, except demolition debris, for disposal by April 9, 103.201994; and 103.21(iii) stopped accepting demolition debris for disposal by June 1, 1994, except that 103.22demolition debris may be accepted until May 1, 1995, at a permitted area where disposal 103.23of demolition debris is allowed, if the area where the demolition debris is deposited is at 103.24least 50 feet from the fill boundary of the area where mixed municipal solid waste was 103.25deposited; or 103.26(2) is or was permitted by the agency; and 103.27(i) stopped accepting waste by January 1, 2000, except that demolition debris, industrial 103.28waste, and municipal solid waste combustor ash may be accepted until January 1, 2001, at 103.29a permitted area where disposal of such waste is allowed, if the area where the waste is 103.30deposited is at least 50 feet from the fill boundary of the area where mixed municipal solid 103.31waste was deposited; or 104.1(ii) stopped accepting waste by January 1, 2019, and is located in a county that meets 104.2all applicable recycling goals in section 115A.551 and that has arranged for all mixed 104.3municipal solid waste generated in the county to be delivered to and processed by a resource 104.4recovery facility located in the county for at least 20 years new text begin ; or new text end 104.5 new text begin (3) is or was permitted by the agency and stopped accepting mixed municipal solid waste new text end 104.6 new text begin and industrial waste for disposal by January 1, 2009, and for which the postclosure care new text end 104.7 new text begin period ended on July 26, 2013 new text end . 104.8    Sec. 117. Minnesota Statutes 2016, section 115B.40, subdivision 4, is amended to read: 104.9    Subd. 4. Qualified facility not under cleanup order; duties. (a) The owner or operator 104.10of a qualified facility that is not subject to a cleanup order shall: 104.11(1) complete closure activities at the facility, or enter into a binding agreement with the 104.12commissioner to do so, as provided in paragraph (e), within one year from the date the 104.13owner or operator is notified by the commissioner under subdivision 3 of the closure activities 104.14that are necessary to properly close the facility in compliance with facility's permit, closure 104.15orders, or enforcement agreement with the agency, and with the solid waste rules in effect 104.16at the time the facility stopped accepting waste; 104.17(2) undertake or continue postclosure new text begin or custodial new text end care at the facility until the date of 104.18notice of compliance under subdivision 7; 104.19(3) in the case of qualified facilities defined in section 115B.39, subdivision 2, paragraph 104.20(l) new text begin (n) new text end , clause (1), transfer to the commissioner of revenue for deposit in the remediation 104.21fund established in section 116.155 any funds required for proof of financial responsibility 104.22under section 116.07, subdivision 4h, that remain after facility closure and any postclosure 104.23care and response action undertaken by the owner or operator at the facility including, if 104.24proof of financial responsibility is provided through a letter of credit or other financial 104.25instrument or mechanism that does not accumulate money in an account, the amount that 104.26would have accumulated had the owner or operator utilized a trust fund, less any amount 104.27used for closure, postclosure care, and response action at the facility; and 104.28(4) in the case of qualified facilities defined in section 115B.39, subdivision 2, paragraph 104.29(l) new text begin (n) new text end , clause (2), transfer to the commissioner of revenue for deposit in the remediation 104.30fund established in section 116.155 an amount of cash that is equal to the sum of their 104.31approved current contingency action cost estimate and the present value of their approved 104.32estimated remaining postclosure care costs required for proof of financial responsibility 104.33under section 116.07, subdivision 4h. new text begin ; and new text end 105.1 new text begin (5) in the case of qualified facilities defined in section 115B.39, subdivision 2, paragraph new text end 105.2 new text begin (n), clause (3), transfer to the commissioner of revenue for deposit in the remediation fund new text end 105.3 new text begin established in section 116.155 an amount of cash that is equal to any funds required for new text end 105.4 new text begin proof of financial responsibility under section 116.07, subdivision 4h, that remain after new text end 105.5 new text begin facility closure and any postclosure and custodial care and response action undertaken by new text end 105.6 new text begin the owner or operator at the facility have been reimbursed. new text end 105.7(b) The owner or operator of a qualified facility that is not subject to a cleanup order 105.8shall: 105.9(1) in the case of qualified facilities defined in section 115B.39, subdivision 2, paragraph 105.10(l) new text begin (n) new text end , clause (1), provide the commissioner with a copy of all applicable comprehensive 105.11general liability insurance policies and other liability policies relating to property damage, 105.12certificates, or other evidence of insurance coverage held during the life of the facility; and 105.13(2) enter into a binding agreement with the commissioner to: 105.14(i) in the case of qualified facilities defined in section 115B.39, subdivision 2, paragraph 105.15(l) new text begin (n) new text end , clause (1), take any actions necessary to preserve the owner or operator's rights to 105.16payment or defense under insurance policies included in clause (1); cooperate with the 105.17commissioner in asserting claims under the policies; and, within 60 days of a request by 105.18the commissioner, but no earlier than July 1, 1996, assign only those rights under the policies 105.19related to environmental response costs; 105.20(ii) cooperate with the commissioner or other persons acting at the direction of the 105.21commissioner in taking additional environmental response actions necessary to address 105.22releases or threatened releases and to avoid any action that interferes with environmental 105.23response actions, including allowing entry to the property and to the facility's records and 105.24allowing entry and installation of equipment; and 105.25(iii) refrain from developing or altering the use of property described in any permit for 105.26the facility except after consultation with the commissioner and in conformance with any 105.27conditions established by the commissioner for that property, including use restrictions, to 105.28protect public health and welfare and the environment. 105.29(c) The owner or operator of a qualified facility defined in section 115B.39, subdivision 105.302 , paragraph (l) new text begin (n) new text end , clause (1), that is a political subdivision may use a portion of any funds 105.31established for response at the facility, which are available directly or through a financial 105.32instrument or other financial arrangement, for closure or postclosure care at the facility if 105.33funds available for closure or postclosure care are inadequate and shall assign the rights to 105.34any remainder to the commissioner. 106.1(d) The agreement required in paragraph (b), clause (2), must be in writing and must 106.2apply to and be binding upon the successors and assigns of the owner. The owner shall 106.3record the agreement, or a memorandum approved by the commissioner that summarizes 106.4the agreement, with the county recorder or registrar of titles of the county where the property 106.5is located. 106.6(e) A binding agreement entered into under paragraph (a), clause (1), may include a 106.7provision that the owner or operator will reimburse the commissioner for the costs of closing 106.8the facility to the standard required in that clause. 106.9    Sec. 118. new text begin [115B.406] STATE RESPONSE AT PRIORITY QUALIFIED FACILITIES. new text end 106.10     new text begin Subdivision 1. new text end new text begin Environmental response action. new text end new text begin The agency may take any environmental new text end 106.11 new text begin response action at a priority qualified facility that the agency deems necessary to protect new text end 106.12 new text begin the public health or welfare or the environment. Before taking any action, the agency shall new text end 106.13 new text begin take actions as provided in this section. new text end 106.14     new text begin Subd. 2. new text end new text begin Request for action to owner or operator of priority qualified facility. new text end new text begin The new text end 106.15 new text begin agency shall request the owner or operator of a priority qualified facility to take actions that new text end 106.16 new text begin the agency deems reasonable and necessary to protect the public health or welfare or the new text end 106.17 new text begin environment, stating the reasons for the actions; a reasonable time for beginning and new text end 106.18 new text begin completing the actions, taking into account the urgency of the actions for protecting the new text end 106.19 new text begin public health or welfare or the environment; and the intention of the agency to take action new text end 106.20 new text begin if the requested actions are not taken as requested. new text end 106.21     new text begin Subd. 3. new text end new text begin Action to compel performance. new text end new text begin When the owner or operator of the priority new text end 106.22 new text begin qualified facility fails to take response actions or make reasonable progress in completing new text end 106.23 new text begin response actions requested as provided in subdivision 2, the attorney general may bring an new text end 106.24 new text begin action in the name of the state to compel performance of the requested response actions. If new text end 106.25 new text begin a person having any right, title, or interest in and to the real property where the facility is new text end 106.26 new text begin located or where response actions are proposed to be taken is not a person responsible for new text end 106.27 new text begin the environment, the person may be joined as an indispensable party in an action to compel new text end 106.28 new text begin performance to ensure that the requested response actions can be taken on that property by new text end 106.29 new text begin the owner or operator. new text end 106.30     new text begin Subd. 4. new text end new text begin Determination of failure to act. new text end new text begin If the agency determines that the actions new text end 106.31 new text begin requested under this section will not be taken by the owner or operator of the priority new text end 106.32 new text begin qualified facility in the manner and within the time requested, the agency may undertake new text end 106.33 new text begin any environmental response action it deems necessary for the protection of the public health new text end 106.34 new text begin or welfare or the environment under this section. new text end 107.1     new text begin Subd. 5. new text end new text begin Civil penalties. new text end new text begin Any owner or operator of a priority qualified facility that fails new text end 107.2 new text begin to take the actions under this section shall forfeit and pay to the state a civil penalty in an new text end 107.3 new text begin amount to be determined by the court of not more than $20,000 per day for each day that new text end 107.4 new text begin the owner or operator fails to take reasonable and necessary response actions or to make new text end 107.5 new text begin reasonable progress in completing response actions requested by the agency. The penalty new text end 107.6 new text begin provided under this subdivision may be recovered by an action brought by the attorney new text end 107.7 new text begin general in the name of the state in a separate action in the District Court of Ramsey County. new text end 107.8 new text begin All penalties recovered under this subdivision must be deposited in the remediation fund. new text end 107.9     new text begin Subd. 6. new text end new text begin Investigation and testing. new text end new text begin The agency may undertake investigations, monitoring, new text end 107.10 new text begin surveys, testing, and other similar activities necessary or appropriate to identify the existence new text end 107.11 new text begin and extent of the contamination at the priority qualified facility and the extent of danger. new text end 107.12 new text begin In addition, the agency may undertake planning, legal, fiscal, economic, engineering, new text end 107.13 new text begin architectural, and other studies or investigations necessary or appropriate to plan and direct new text end 107.14 new text begin a response action, to recover the costs of the response action, and to enforce this section. new text end 107.15     new text begin Subd. 7. new text end new text begin Duty to compel information. new text end new text begin Any person who the agency has determined to new text end 107.16 new text begin have information regarding the priority qualified facility or the owner or operator of the new text end 107.17 new text begin priority qualified facility must furnish to the agency any information that person may have new text end 107.18 new text begin or may reasonably obtain that is relevant to the priority qualified facility or the owner or new text end 107.19 new text begin operator. The agency upon presentation of credentials may examine and copy any books, new text end 107.20 new text begin papers, records, memoranda, or data of any person who has a duty to provide information new text end 107.21 new text begin to the agency and may enter upon any property, public or private, to take any action new text end 107.22 new text begin authorized by this section, including obtaining information from any person who has a duty new text end 107.23 new text begin to provide the information. new text end 107.24     new text begin Subd. 8. new text end new text begin Program operations. new text end new text begin Upon the owner or operator's failure to act, the agency new text end 107.25 new text begin shall conduct the program operations under section 115B.412, subdivisions 1 and 2, and new text end 107.26 new text begin any other environmental response action the agency deems necessary to protect public new text end 107.27 new text begin health, welfare, and the environment. new text end 107.28     new text begin Subd. 9. new text end new text begin Recovering expenses. new text end new text begin Any reasonable and necessary expenses incurred by the new text end 107.29 new text begin agency or commissioner under this section, including all response costs and administrative new text end 107.30 new text begin and legal expenses, may be recovered in a civil action brought by the attorney general against new text end 107.31 new text begin the owner or operator of the priority qualified facility. The agency's certification of expenses new text end 107.32 new text begin is prima facie evidence that the expenses are reasonable and necessary. Any expenses new text end 107.33 new text begin incurred under this section that are recovered by the attorney general under sections 115.071 new text end 107.34 new text begin and 116.072 or any other law, including any award of attorney's fees, must be deposited in new text end 107.35 new text begin the remediation fund. new text end 108.1     new text begin Subd. 10. new text end new text begin Environmental response costs; liens. new text end new text begin All environmental response costs, new text end 108.2 new text begin including administrative and legal expenses, incurred by the commissioner at a priority new text end 108.3 new text begin qualified facility before the date of notice of compliance under section 115B.40, subdivision new text end 108.4 new text begin 7, constitute a lien in favor of the state upon any real property located in the state, other new text end 108.5 new text begin than homestead property, owned by the owner or operator who is subject to the requirements new text end 108.6 new text begin of section 115B.40, subdivision 4 or 5. A lien under this subdivision attaches when the new text end 108.7 new text begin environmental response costs are first incurred and continues until the lien is satisfied or new text end 108.8 new text begin becomes unenforceable as for an environmental lien under section 514.672. Notice, filing, new text end 108.9 new text begin and release of the lien are governed by sections 514.671 to 514.676, except where those new text end 108.10 new text begin requirements specifically are related to only cleanup action expenses as defined in section new text end 108.11 new text begin 514.671. Relative priority of a lien under this subdivision is governed by section 514.672, new text end 108.12 new text begin except that a lien attached to property that was included in any permit for the solid waste new text end 108.13 new text begin disposal facility takes precedence over all other liens regardless of when the other liens new text end 108.14 new text begin were or are perfected. Amounts received to satisfy all or a part of a lien must be deposited new text end 108.15 new text begin in the remediation fund. new text end 108.16 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 108.17    Sec. 119. new text begin [115B.407] SETTLEMENT AT PRIORITY QUALIFIED FACILITY. new text end 108.18     new text begin Subdivision 1. new text end new text begin Settlements; general authority. new text end new text begin In addition to the general authority new text end 108.19 new text begin vested in the agency to settle any claims under sections 115B.01 to 115B.18, and 115B.40 new text end 108.20 new text begin to 115B.445, the agency may exercise the settlement authorities provided in subdivisions new text end 108.21 new text begin 2 to 5. new text end new text begin new text end 108.22     new text begin Subd. 2. new text end new text begin Settlement agreement. new text end new text begin The commissioner must enter into a settlement new text end 108.23 new text begin agreement with an eligible person under subdivision 3 who requests a settlement, under new text end 108.24 new text begin which the commissioner settles with the eligible person and indemnifies and holds the new text end 108.25 new text begin eligible person harmless for: new text end 108.26 new text begin (1) all legal responsibility, liability, or potential liability for environmental response new text end 108.27 new text begin costs and natural resources damages related to the qualified facility, including any and all new text end 108.28 new text begin liability and potential liability for legal and administrative costs and expenses incurred or new text end 108.29 new text begin to be incurred by the state or federal government or reimbursed by the state or federal new text end 108.30 new text begin government; new text end 108.31 new text begin (2) all legal liability or potential liability under the federal Comprehensive Environmental new text end 108.32 new text begin Response, Compensation, and Liability Act related to the priority qualified facility, including new text end 108.33 new text begin any and all liability and potential liability for costs incurred by the federal government in new text end 109.1 new text begin cleaning up the site and legal and administrative costs and expenses incurred or to be incurred new text end 109.2 new text begin by the state or federal government or reimbursed by the state or federal government; and new text end 109.3 new text begin (3) all legal liability or potential liability that has been asserted, could have been asserted, new text end 109.4 new text begin or may be asserted in the future against the eligible person under state or federal law, common new text end 109.5 new text begin law, or other legal theory related to the qualified facility, including any claim by any person new text end 109.6 new text begin or entity for contribution regarding any matters to which the indemnity applies. new text end 109.7     new text begin Subd. 3. new text end new text begin Eligible persons. new text end new text begin (a) A person who is not an owner or operator of a priority new text end 109.8 new text begin qualified facility is eligible to enter into a settlement agreement with the commissioner new text end 109.9 new text begin provided the person agrees to: new text end 109.10 new text begin (1) waive all claims for environmental response costs related to the facility against all new text end 109.11 new text begin persons other than the owner or operator; new text end 109.12 new text begin (2) provide the commissioner with a copy of all applicable comprehensive general new text end 109.13 new text begin liability insurance policies and other liability insurance policies relating to property damage, new text end 109.14 new text begin certificates, or other evidence of insurance coverage held during the life of the facility; and new text end 109.15 new text begin (3) enter into a binding agreement with the commissioner to take any actions necessary new text end 109.16 new text begin to preserve the person's rights to payment or defense under insurance policies, cooperate new text end 109.17 new text begin with the commissioner in asserting the claims under the policies, and assign those rights new text end 109.18 new text begin under the policies related to environmental response costs. new text end 109.19 new text begin (b) For purposes of this subdivision, "insurance" has the meaning given in section 60A.02, new text end 109.20 new text begin subdivision 3. new text end 109.21     new text begin Subd. 4. new text end new text begin Recovery for illegal actions. new text end new text begin The settlement of eligible persons under this new text end 109.22 new text begin section does not prevent the commissioner from recovering costs for illegal actions at priority new text end 109.23 new text begin qualified facilities as provided in section 115B.402. new text end 109.24     new text begin Subd. 5. new text end new text begin Commissioner's duties. new text end new text begin (a) In consideration of the settlor's agreement to enter new text end 109.25 new text begin into an agreement under this section, the commissioner must not sue or take administrative new text end 109.26 new text begin action against the settlor, must agree to release the settlor from the liabilities under new text end 109.27 new text begin subdivision 1, and must indemnify and hold the settlor harmless and defend against all new text end 109.28 new text begin claims or liability for state or federal environmental response actions at the priority qualified new text end 109.29 new text begin facility that is the subject of the agreement and claims made by the owner or operator of new text end 109.30 new text begin the priority qualified facility under state or federal law for payment of response costs and new text end 109.31 new text begin related costs at the priority qualified facility. new text end 109.32 new text begin (b) To the extent allowed under applicable law, a person who enters into a settlement new text end 109.33 new text begin agreement under this section is not liable for claims for contribution regarding matters new text end 110.1 new text begin addressed in the agreement. As a condition of the agreement, the person must waive the new text end 110.2 new text begin person's rights to seek contribution for any amounts paid on the person's behalf under the new text end 110.3 new text begin agreement. This section does not limit the state's ability to seek contribution on the person's new text end 110.4 new text begin behalf. new text end 110.5 new text begin (c) The commissioner, on behalf of the state, shall enter into an agreement with the new text end 110.6 new text begin United States Environmental Protection Agency to settle all federal claims at a priority new text end 110.7 new text begin qualified facility to release all nonowner potentially responsible parties, including to not new text end 110.8 new text begin seek recovery from nonowner potentially responsible parties for costs incurred related to new text end 110.9 new text begin the priority qualified facility. new text end 110.10 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 110.11    Sec. 120. new text begin [115B.408] ACQUISITION OF PRIORITY QUALIFIED FACILITY. new text end 110.12     new text begin Subdivision 1. new text end new text begin Legislative findings. new text end new text begin The legislature recognizes the need to protect the new text end 110.13 new text begin public health and welfare and the environment at priority qualified facilities and that are new text end 110.14 new text begin not being managed to protect the public health or welfare or the environment. It is in the new text end 110.15 new text begin public interest to direct the commissioner of the Pollution Control Agency to acquire the new text end 110.16 new text begin necessary interests in land at the priority qualified facility and to conduct environmental new text end 110.17 new text begin response action. new text end 110.18     new text begin Subd. 2. new text end new text begin Acquisition. new text end new text begin The agency may acquire interests in land by donation or eminent new text end 110.19 new text begin domain without undue delay, under section 115B.17, subdivision 15, at the priority qualified new text end 110.20 new text begin facility. Acquisition by condemnation under this section may include fee title acquisition. new text end 110.21 new text begin After acquiring interests in land, the commissioner must begin the process of protecting the new text end 110.22 new text begin public health and welfare and the environment through environmental response action new text end 110.23 new text begin according to sections 115B.39 to 115B.414. new text end 110.24     new text begin Subd. 3. new text end new text begin Disposition of property acquired for response action. new text end new text begin (a) If the commissioner new text end 110.25 new text begin determines that real or personal property acquired by the agency for response action is no new text end 110.26 new text begin longer needed for response action purposes, the commissioner may: new text end 110.27 new text begin (1) transfer the property to the commissioner of administration to be disposed of in the new text end 110.28 new text begin manner required for other surplus property subject to conditions the commissioner determines new text end 110.29 new text begin necessary to protect the public health and welfare or the environment or to comply with new text end 110.30 new text begin federal law; new text end 110.31 new text begin (2) transfer the property to another state agency, a political subdivision, or special purpose new text end 110.32 new text begin district; or new text end 111.1 new text begin (3) if required by federal law, take actions and dispose of the property as required by new text end 111.2 new text begin federal law. new text end 111.3 new text begin (b) If the commissioner determines that real or personal property acquired by the agency new text end 111.4 new text begin for response action must be operated, maintained, or monitored after completion of other new text end 111.5 new text begin phases of the response action, the commissioner may transfer ownership of the property to new text end 111.6 new text begin another state agency, a political subdivision, or special purpose district that agrees to accept new text end 111.7 new text begin the property. A state agency, political subdivision, or special purpose district is authorized new text end 111.8 new text begin to accept and implement the terms and conditions of a transfer under this paragraph. The new text end 111.9 new text begin commissioner may set terms and conditions for the transfer that the commissioner considers new text end 111.10 new text begin reasonable and necessary to ensure proper operation, maintenance, and monitoring of new text end 111.11 new text begin response actions, protect the public health and welfare and the environment, and comply new text end 111.12 new text begin with applicable federal and state laws and regulations. The state agency, political subdivision, new text end 111.13 new text begin or special purpose district to which the property is transferred is not liable under this chapter new text end 111.14 new text begin solely as a result of acquiring the property or acting in accordance with the terms and new text end 111.15 new text begin conditions of the transfer. new text end 111.16 new text begin (c) If the agency acquires property under this section, the commissioner may lease or new text end 111.17 new text begin grant an easement in the property to a person during the implementation of response actions new text end 111.18 new text begin if the lease or easement is compatible with or necessary for response action implementation. new text end 111.19 new text begin (d) The proceeds of a sale, lease, or other transfer of property under this subdivision by new text end 111.20 new text begin the commissioner or by the commissioner of administration must be deposited in the new text end 111.21 new text begin remediation fund. Any share of the proceeds that the agency is required by federal law or new text end 111.22 new text begin regulation to reimburse to the federal government is appropriated from the account to the new text end 111.23 new text begin agency for that purpose. Except for section 94.16, subdivision 2, section 94.16 does not new text end 111.24 new text begin apply to real property sold by the commissioner of administration that was acquired under new text end 111.25 new text begin this section. new text end 111.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 111.27    Sec. 121. new text begin [115B.409] OTHER REMEDIES PRESERVED. new text end 111.28 new text begin The owner of real property is barred from bringing legal action or using any remedy new text end 111.29 new text begin available under any other provision of state or federal law, including common law, to recover new text end 111.30 new text begin for personal injury, disease, economic loss, or response costs arising out of a release of any new text end 111.31 new text begin hazardous substance or for removal or the costs of removal of that hazardous substance. new text end 111.32 new text begin Sections 115B.40 to 115B.408 shall not be considered, interpreted, or construed in any way new text end 111.33 new text begin as reflecting a determination, in whole or in part, of policy regarding the inapplicability of new text end 111.34 new text begin strict liability or strict liability doctrines under any other state or federal law, including new text end 112.1 new text begin common law, to activities past, present, or future, by the owner of real property relating to new text end 112.2 new text begin hazardous substances or pollutants or contaminants, or other similar activities. new text end 112.3    Sec. 122. new text begin [115B.4091] DEPOSIT OF PROCEEDS. new text end 112.4 new text begin All amounts paid to the state under sections 115B.406 to 115B.409 must be deposited new text end 112.5 new text begin in the state treasury and credited equally to the remediation fund and the closed landfill new text end 112.6 new text begin investment fund. new text end 112.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 112.8    Sec. 123. Minnesota Statutes 2016, section 115C.021, subdivision 1, is amended to read: 112.9    Subdivision 1. General rule. Except as provided in subdivisions 2 to 4 new text begin 5 new text end , a person is 112.10responsible for a release from a tank if the person is an owner or operator of the tank at any 112.11time during or after the release. 112.12    Sec. 124. Minnesota Statutes 2016, section 115C.021, is amended by adding a subdivision 112.13to read: 112.14     new text begin Subd. 5. new text end new text begin Heating fuel oil vendor. new text end new text begin A heating fuel oil vendor is not a responsible person new text end 112.15 new text begin for a heating fuel oil release at a residential location if the release was caused solely by the new text end 112.16 new text begin failure of a tank owned by the homeowner. new text end 112.17    Sec. 125. Minnesota Statutes 2016, section 116.03, subdivision 2b, is amended to read: 112.18    Subd. 2b. Permitting efficiency. (a) It is the goal of the state that environmental and 112.19resource management permits be issued or denied within 90 days for Tier 1 permits or 150 112.20days for Tier 2 permits following submission of a permit application. The commissioner of 112.21the Pollution Control Agency shall establish management systems designed to achieve the 112.22goal. For the purposes of this section, "Tier 1 permits" are permits that do not require 112.23individualized actions or public comment periods, and "Tier 2 permits" are permits that 112.24require individualized actions or public comment periods. 112.25(b) The commissioner shall prepare an annual permitting efficiency report that includes 112.26statistics on meeting the goal in paragraph (a) and the criteria for Tier 1 and Tier 2 by permit 112.27categories. The report is due August 1 each year. For permit applications that have not met 112.28the goal, the report must state the reasons for not meeting the goal. In stating the reasons 112.29for not meeting the goal, the commissioner shall separately identify delays caused by the 112.30responsiveness of the proposer, lack of staff, scientific or technical disagreements, or the 112.31level of public engagement. The report must specify the number of days from initial 113.1submission of the application to the day of determination that the application is complete. 113.2The report must aggregate the data for the year and assess whether program or system 113.3changes are necessary to achieve the goal. The report must be posted on the agency's Web 113.4site and submitted to the governor and the chairs and ranking minority members of the house 113.5of representatives and senate committees having jurisdiction over environment policy and 113.6finance. 113.7(c) The commissioner shall allow electronic submission of environmental review and 113.8permit documents to the agency. 113.9(d) Beginning July 1, 2011, Within 30 business days of application for a permit subject 113.10to paragraph (a), the commissioner of the Pollution Control Agency shall notify the project 113.11proposer new text begin permit applicant new text end , in writing, whether the application is complete or incomplete. If 113.12the commissioner determines that an application is incomplete, the notice to the applicant 113.13must enumerate all deficiencies, citing specific provisions of the applicable rules and statutes, 113.14and advise the applicant on how the deficiencies can be remedied. If the commissioner 113.15determines that the application is complete, the notice must confirm the application's Tier 113.161 or Tier 2 permit status new text begin and, upon request of the permit applicant of an individual Tier 2 new text end 113.17 new text begin permit, provide the permit applicant with a schedule for reviewing the permit new text end new text begin application new text end . 113.18This paragraph does not apply to an application for a permit that is subject to a grant or loan 113.19agreement under chapter 446A. 113.20(e) For purposes of this subdivision, "permit professional" means an individual not 113.21employed by the Pollution Control Agency who: 113.22(1) has a professional license issued by the state of Minnesota in the subject area of the 113.23permit; 113.24(2) has at least ten years of experience in the subject area of the permit; and 113.25(3) abides by the duty of candor applicable to employees of the Pollution Control Agency 113.26under agency rules and complies with all applicable requirements under chapter 326. 113.27(f) Upon the agency's request, an applicant relying on a permit professional must 113.28participate in a meeting with the agency before submitting an application: 113.29(1) at least two weeks prior to the preapplication meeting, the applicant must submit at 113.30least the following: 113.31(i) project description, including, but not limited to, scope of work, primary emissions 113.32points, discharge outfalls, and water intake points; 113.33(ii) location of the project, including county, municipality, and location on the site; 114.1(iii) business schedule for project completion; and 114.2(iv) other information requested by the agency at least four weeks prior to the scheduled 114.3meeting; and 114.4    (2) during the preapplication meeting, the agency shall provide for the applicant at least 114.5the following: 114.6(i) an overview of the permit review program; 114.7(ii) a determination of which specific application or applications will be necessary to 114.8complete the project; 114.9(iii) a statement notifying the applicant if the specific permit being sought requires a 114.10mandatory public hearing or comment period; 114.11(iv) a review of the timetable established in the permit review program for the specific 114.12permit being sought; and 114.13(v) a determination of what information must be included in the application, including 114.14a description of any required modeling or testing. 114.15(g) The applicant may select a permit professional to undertake the preparation of the 114.16permit application and draft permit. 114.17(h) If a preapplication meeting was held, the agency shall, within seven business days 114.18of receipt of an application, notify the applicant and submitting permit professional that the 114.19application is complete or is denied, specifying the deficiencies of the application. 114.20(i) Upon receipt of notice that the application is complete, the permit professional shall 114.21submit to the agency a timetable for submitting a draft permit. The permit professional shall 114.22submit a draft permit on or before the date provided in the timetable. Within 60 days after 114.23the close of the public comment period, the commissioner shall notify the applicant whether 114.24the permit can be issued. 114.25(j) Nothing in this section shall be construed to modify: 114.26(1) any requirement of law that is necessary to retain federal delegation to or assumption 114.27by the state; or 114.28(2) the authority to implement a federal law or program. 114.29(k) The permit application and draft permit shall identify or include as an appendix all 114.30studies and other sources of information used to substantiate the analysis contained in the 114.31permit application and draft permit. The commissioner shall request additional studies, if 115.1needed, and the project proposer new text begin permit applicant new text end shall submit all additional studies and 115.2information necessary for the commissioner to perform the commissioner's responsibility 115.3to review, modify, and determine the completeness of the application and approve the draft 115.4permit. 115.5    Sec. 126. Minnesota Statutes 2016, section 116.03, is amended by adding a subdivision 115.6to read: 115.7     new text begin Subd. 7. new text end new text begin Draft permits; public notice. new text end new text begin When public notice of a draft individual Tier 2 new text end 115.8 new text begin permit is required, the commissioner must issue the notice with the draft permit within 150 new text end 115.9 new text begin days of receiving a completed permit application unless the permit applicant and the new text end 115.10 new text begin commissioner mutually agree to a different date. Upon request of the permit applicant, the new text end 115.11 new text begin commissioner must provide a copy of the draft permit to the permit applicant and consider new text end 115.12 new text begin comments on the draft permit from the permit applicant before issuing the public notice. new text end 115.13    Sec. 127. Minnesota Statutes 2016, section 116.03, is amended by adding a subdivision 115.14to read: 115.15     new text begin Subd. 8. new text end new text begin Clean Air Act settlement money. new text end new text begin "Clean Air Act settlement money" means new text end 115.16 new text begin money required to be paid to the state as a result of litigation or settlements of alleged new text end 115.17 new text begin violations of the federal Clean Air Act, United States Code, title 42, section 7401 et seq., new text end 115.18 new text begin or rules adopted thereunder, by an automobile manufacturer. The commissioner of new text end 115.19 new text begin management and budget must establish the Clean Air Act settlement account in the new text end 115.20 new text begin environmental fund. Notwithstanding sections 16A.013 to 16A.016, the commissioner of new text end 115.21 new text begin management and budget must deposit Clean Air Act settlement money into the Clean Air new text end 115.22 new text begin Act settlement account. Clean Air Act settlement money must not be spent until it is new text end 115.23 new text begin specifically appropriated by law. The commissioner of management and budget must new text end 115.24 new text begin eliminate the Clean Air Act settlement account in the environmental fund after all Clean new text end 115.25 new text begin Air Act settlement money has been expended. new text end 115.26    Sec. 128. Minnesota Statutes 2016, section 116.07, subdivision 4d, is amended to read: 115.27    Subd. 4d. Permit fees. (a) The agency may collect permit fees in amounts not greater 115.28than those necessary to cover the reasonable costs of developing, reviewing, and acting 115.29upon applications for agency permits and implementing and enforcing the conditions of the 115.30permits pursuant to agency rules. Permit fees shall not include the costs of litigation. The 115.31fee schedule must reflect reasonable and routine direct and indirect costs associated with 115.32permitting, implementation, and enforcement. The agency may impose an additional 115.33enforcement fee to be collected for a period of up to two years to cover the reasonable costs 116.1of implementing and enforcing the conditions of a permit under the rules of the agency. 116.2Any money collected under this paragraph shall be deposited in the environmental fund. 116.3(b) Notwithstanding paragraph (a), the agency shall collect an annual fee from the owner 116.4or operator of all stationary sources, emission facilities, emissions units, air contaminant 116.5treatment facilities, treatment facilities, potential air contaminant storage facilities, or storage 116.6facilities subject to a notification, permit, or license requirement under this chapter, 116.7subchapters I and V of the federal Clean Air Act, United States Code, title 42, section 7401 116.8et seq., or rules adopted thereunder. The annual fee shall be used to pay for all direct and 116.9indirect reasonable costs, including legal costs, required to develop and administer the 116.10notification, permit, or license program requirements of this chapter, subchapters I and V 116.11of the federal Clean Air Act, United States Code, title 42, section 7401 et seq., or rules 116.12adopted thereunder. Those costs include the reasonable costs of reviewing and acting upon 116.13an application for a permit; implementing and enforcing statutes, rules, and the terms and 116.14conditions of a permit; emissions, ambient, and deposition monitoring; preparing generally 116.15applicable regulations; responding to federal guidance; modeling, analyses, and 116.16demonstrations; preparing inventories and tracking emissions; and providing information 116.17to the public about these activities. 116.18(c) The agency shall set fees that: 116.19(1) will result in the collection, in the aggregate, from the sources listed in paragraph 116.20(b), of an amount not less than $25 per ton of each volatile organic compound; pollutant 116.21regulated under United States Code, title 42, section 7411 or 7412 (section 111 or 112 of 116.22the federal Clean Air Act); and each pollutant, except carbon monoxide, for which a national 116.23primary ambient air quality standard has been promulgated; 116.24(2) may result in the collection, in the aggregate, from the sources listed in paragraph 116.25(b), of an amount not less than $25 per ton of each pollutant not listed in clause (1) that is 116.26regulated under this chapter or air quality rules adopted under this chapter; and 116.27(3) shall collect, in the aggregate, from the sources listed in paragraph (b), the amount 116.28needed to match grant funds received by the state under United States Code, title 42, section 116.297405 (section 105 of the federal Clean Air Act). 116.30The agency must not include in the calculation of the aggregate amount to be collected 116.31under clauses (1) and (2) any amount in excess of 4,000 tons per year of each air pollutant 116.32from a source. The increase in air permit fees to match federal grant funds shall be a surcharge 116.33on existing fees. The commissioner may not collect the surcharge after the grant funds 117.1become unavailable. In addition, the commissioner shall use nonfee funds to the extent 117.2practical to match the grant funds so that the fee surcharge is minimized. 117.3(d) To cover the reasonable costs described in paragraph (b), the agency shall provide 117.4in the rules promulgated under paragraph (c) for an increase in the fee collected in each 117.5year by the percentage, if any, by which the Consumer Price Index for the most recent 117.6calendar year ending before the beginning of the year the fee is collected exceeds the 117.7Consumer Price Index for the calendar year 1989. For purposes of this paragraph the 117.8Consumer Price Index for any calendar year is the average of the Consumer Price Index for 117.9all-urban consumers published by the United States Department of Labor, as of the close 117.10of the 12-month period ending on August 31 of each calendar year. The revision of the 117.11Consumer Price Index that is most consistent with the Consumer Price Index for calendar 117.12year 1989 shall be used. 117.13(e) Any money collected under paragraphs (b) to (d) must be deposited in the 117.14environmental fund and must be used solely for the activities listed in paragraph (b). 117.15(f) Permit applicants who wish to construct, reconstruct, or modify a facility new text begin project new text end may 117.16offer to reimburse the agency for the new text begin reasonable new text end costs of staff time or consultant services 117.17needed to expedite the new text begin preapplication process and new text end permit development process new text begin through the new text end 117.18 new text begin final decision on the permit new text end , including the analysis of environmental review documents. 117.19The reimbursement shall be in addition to permit application fees imposed by law. When 117.20the agency determines that it needs additional resources to develop the permit application 117.21in an expedited manner, and that expediting the development is consistent with permitting 117.22program priorities, the agency may accept the reimbursement. new text begin The commissioner must give new text end 117.23 new text begin the applicant an estimate of costs to be incurred by the commissioner. The estimate must new text end 117.24 new text begin include a brief description of the tasks to be performed, a schedule for completing the tasks, new text end 117.25 new text begin and the estimated cost for each task. The applicant and the commissioner must enter into a new text end 117.26 new text begin written agreement detailing the estimated costs for the expedited permit decision-making new text end 117.27 new text begin process to be incurred by the agency and any recourse available to the applicant if the agency new text end 117.28 new text begin fails to meet the schedule. The agreement must also identify staff anticipated to be assigned new text end 117.29 new text begin to the project and describe the commissioner's commitment to make assigned staff available new text end 117.30 new text begin for the project until the permit decision is made. The commissioner must not issue a permit new text end 117.31 new text begin until the applicant has paid all fees in full. The commissioner must refund any unobligated new text end 117.32 new text begin balance of fees paid. new text end Reimbursements accepted by the agency are appropriated to the agency 117.33for the purpose of developing the permit or analyzing environmental review documents. 117.34Reimbursement by a permit applicant shall precede and not be contingent upon issuance of 117.35a permit; shall not affect the agency's decision on whether to issue or deny a permit, what 118.1conditions are included in a permit, or the application of state and federal statutes and rules 118.2governing permit determinations; and shall not affect final decisions regarding environmental 118.3review. 118.4(g) The fees under this subdivision are exempt from section 16A.1285. 118.5    Sec. 129. Minnesota Statutes 2016, section 116.07, is amended by adding a subdivision 118.6to read: 118.7     new text begin Subd. 13. new text end new text begin Irrevocability, suspensions, or expiration of permits; environmental new text end 118.8 new text begin review. new text end new text begin (a) If, by July 1 of an odd-numbered year, legislation has not been enacted to new text end 118.9 new text begin appropriate money to the commissioner of the Pollution Control Agency for environmental new text end 118.10 new text begin review and permitting activities of the agency: new text end 118.11 new text begin (1) a permit granted by the commissioner may not be terminated or suspended for the new text end 118.12 new text begin term of the permit nor shall it expire without the consent of the permittee, except for breach new text end 118.13 new text begin or nonperformance of any condition of the permit by the permittee that is an imminent threat new text end 118.14 new text begin to impair or destroy the environment or injure the health, safety, or welfare of the citizens new text end 118.15 new text begin of the state; and new text end 118.16 new text begin (2) environmental review and permit application work on environmental review and new text end 118.17 new text begin permits filed before July 1 of that year must not be suspended or terminated. new text end 118.18 new text begin (b) Paragraph (a), clause (1), applies until legislation appropriating money to the new text end 118.19 new text begin commissioner for the environmental review and permitting activities is enacted. new text end 118.20    Sec. 130. Minnesota Statutes 2016, section 116.07, is amended by adding a subdivision 118.21to read: 118.22     new text begin Subd. 14. new text end new text begin Unadopted rules. new text end new text begin The commissioner of the Pollution Control Agency must new text end 118.23 new text begin not seek to implement in a permit or enforce a penalty based upon an agency policy, new text end 118.24 new text begin guideline, bulletin, criterion, manual standard, interpretive statement, or similar new text end 118.25 new text begin pronouncement if the policy, guideline, bulletin, criterion, manual standard, interpretive new text end 118.26 new text begin standard, or pronouncement has not been adopted under the rulemaking process under new text end 118.27 new text begin chapter 14. In any proceeding under section 14.381, the commissioner has the burden of new text end 118.28 new text begin proving the action is not prohibited. new text end 119.1    Sec. 131. Minnesota Statutes 2016, section 116.07, is amended by adding a subdivision 119.2to read: 119.3     new text begin Subd. 15. new text end new text begin Limitation regarding certain policies, guidelines, and other interpretive new text end 119.4 new text begin statements. new text end new text begin (a) The commissioner of the Pollution Control Agency must not seek to new text end 119.5 new text begin implement or enforce against any person a policy, guideline, or other interpretive statement new text end 119.6 new text begin that meets the definition of a rule under section 14.02, subdivision 4, if the policy, guideline, new text end 119.7 new text begin or other interpretive statement has not been adopted as a rule according to chapter 14. In new text end 119.8 new text begin any proceeding under chapter 14 challenging agency action prohibited by this subdivision, new text end 119.9 new text begin the reviewing authority must independently and without deference to the agency determine new text end 119.10 new text begin whether the agency violated this subdivision. The agency must overcome the presumption new text end 119.11 new text begin that the agency action may not be enforced as a rule. new text end new text begin new text end 119.12 new text begin (b) If the commissioner incorporates by reference an internal guideline, bulletin, criterion, new text end 119.13 new text begin manual standard, interpretive statement, or similar pronouncement into a statute, rule, or new text end 119.14 new text begin standard, the commissioner must follow the rulemaking process provided under chapter 14 new text end 119.15 new text begin to amend or revise the guideline, bulletin, criterion, manual standard, interpretive statement, new text end 119.16 new text begin or similar pronouncement. new text end 119.17    Sec. 132. Minnesota Statutes 2016, section 116.0714, is amended to read: 119.18116.0714 NEW OPEN AIR SWINE BASINS. 119.19    The commissioner of the Pollution Control Agency or a county board shall not approve 119.20any permits for the construction of new open air swine basins, except that existing facilities 119.21may use one basin of less than 1,000,000 gallons as part of a permitted waste treatment 119.22program for resolving pollution problems or to allow conversion of an existing basin of less 119.23than 1,000,000 gallons to a different animal type, provided all standards are met. This section 119.24expires June 30, 2017 new text begin 2022 new text end . 119.25 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 119.26    Sec. 133. new text begin [116.083] PROPANE SCHOOL BUS REBATE PROGRAM. new text end 119.27     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin For the purposes of this section, the following terms have new text end 119.28 new text begin the meanings given: new text end 119.29 new text begin (1) "propane school bus" means a school bus fueled by propane and used by a school new text end 119.30 new text begin or under contract with the school to transport pupils to or from a school or to or from new text end 119.31 new text begin school-related activities; new text end 119.32 new text begin (2) "school" means a Minnesota school district or Minnesota charter school; and new text end 120.1 new text begin (3) "school bus" means a type A, B, C, or D school bus under section 169.011, subdivision new text end 120.2 new text begin 71. new text end 120.3     new text begin Subd. 2. new text end new text begin Rebate eligibility. new text end new text begin (a) Schools that purchase a propane school bus are eligible new text end 120.4 new text begin for a rebate under this section. A school that contracts for pupil transportation may apply new text end 120.5 new text begin for a rebate on behalf of the school bus contractor. new text end 120.6 new text begin (b) Propane school buses must be registered and licensed in Minnesota. new text end 120.7 new text begin (c) The cost of an original equipment manufacturer propane school bus purchased is new text end 120.8 new text begin eligible for a rebate under this section. new text end 120.9     new text begin Subd. 3. new text end new text begin Rebate amounts. new text end new text begin Rebates under this section may be issued for no more than new text end 120.10 new text begin 25 percent of the cost of a propane school bus, not to exceed $25,000. new text end 120.11     new text begin Subd. 4. new text end new text begin Maximum rebate allowed. new text end new text begin A school may receive no more than five propane new text end 120.12 new text begin school bus rebates per year. new text end 120.13     new text begin Subd. 5. new text end new text begin Funding. new text end new text begin $1,500,000 is annually appropriated from the Clean Air Act settlement new text end 120.14 new text begin account in the environmental fund to the agency for grants under this section. The grants new text end 120.15 new text begin must be awarded through a request for proposal process established by the commissioner new text end 120.16 new text begin and must comply with the litigation or settlement order providing receipts to the account. new text end 120.17    Sec. 134. Minnesota Statutes 2016, section 116C.03, subdivision 2, is amended to read: 120.18    Subd. 2. Membership. The members of the board are the commissioner of administration, 120.19the commissioner of commerce, the commissioner of the Pollution Control Agency, the 120.20commissioner of natural resources, the commissioner of agriculture, the commissioner of 120.21health, the commissioner of employment and economic development, the commissioner of 120.22transportation, new text begin and new text end the chair of the Board of Water and Soil Resources, and a representative 120.23of the governor's office designated by the governor. The governor shall appoint five new text begin eight new text end 120.24members from the general public to the board new text begin , one from each congressional district new text end , subject 120.25to the advice and consent of the senate. At least two of The five public members must have 120.26knowledge of and be conversant in water management issues in the state new text begin environmental new text end 120.27 new text begin review or permitting new text end . Notwithstanding the provisions of section 15.06, subdivision 6, 120.28members of the board may not delegate their powers and responsibilities as board members 120.29to any other person. 120.30    Sec. 135. Minnesota Statutes 2016, section 116C.04, subdivision 2, is amended to read: 120.31    Subd. 2. Jurisdiction. (a) The board shall determine which environmental problems of 120.32interdepartmental concern to state government shall be considered by the board. The board 121.1shall initiate interdepartmental investigations into those matters that it determines are in 121.2need of study. Topics for investigation may include but need not be limited to future 121.3population and settlement patterns, air and water resources and quality, solid waste 121.4management, transportation and utility corridors, economically productive open space, 121.5energy policy and need, growth and development, and land use planning. 121.6(b) The board shall review programs of state agencies that significantly affect the 121.7environment and coordinate those it determines are interdepartmental in nature, and insure 121.8agency compliance with state environmental policy. 121.9(c) The board may review environmental rules and criteria for granting and denying 121.10permits by state agencies and may resolve conflicts involving state agencies with regard to 121.11programs, rules, permits and procedures significantly affecting the environment, provided 121.12that such resolution of conflicts is consistent with state environmental policy. 121.13(d) State agencies shall submit to the board all proposed legislation of major significance 121.14relating to the environment and the board shall submit a report to the governor and the 121.15legislature with comments on such major environmental proposals of state agencies. 121.16    Sec. 136. Minnesota Statutes 2016, section 116D.04, subdivision 2a, is amended to read: 121.17    Subd. 2a. When prepared. new text begin (a) new text end Where there is potential for significant environmental 121.18effects resulting from any major governmental action, the action shall be preceded by a 121.19detailed environmental impact statement prepared by the responsible governmental unit. 121.20The environmental impact statement shall be an analytical rather than an encyclopedic 121.21document which describes the proposed action in detail, analyzes its significant environmental 121.22impacts, discusses appropriate alternatives to the proposed action and their impacts, and 121.23explores methods by which adverse environmental impacts of an action could be mitigated. 121.24The environmental impact statement shall also analyze those economic, employment, and 121.25sociological effects that cannot be avoided should the action be implemented. To ensure its 121.26use in the decision-making process, the environmental impact statement shall be prepared 121.27as early as practical in the formulation of an action. 121.28    (a) new text begin (b) new text end The board shall by rule establish categories of actions for which environmental 121.29impact statements and for which environmental assessment worksheets shall be prepared 121.30as well as categories of actions for which no environmental review is required under this 121.31section. A mandatory environmental assessment worksheet shall new text begin is new text end not be required for the 121.32expansion of an ethanol plant, as defined in section 41A.09, subdivision 2a, paragraph (b), 121.33or the conversion of an ethanol plant to a biobutanol facility or the expansion of a biobutanol 121.34facility as defined in section 41A.15, subdivision 2d, based on the capacity of the expanded 122.1or converted facility to produce alcohol fuel, but must be required if the ethanol plant or 122.2biobutanol facility meets or exceeds thresholds of other categories of actions for which 122.3environmental assessment worksheets must be prepared. The responsible governmental unit 122.4for an ethanol plant or biobutanol facility project for which an environmental assessment 122.5worksheet is prepared shall be new text begin is new text end the state agency with the greatest responsibility for 122.6supervising or approving the project as a whole. 122.7 new text begin (c) new text end A mandatory environmental impact statement shall new text begin is new text end not be required for a facility 122.8or plant located outside the seven-county metropolitan area that produces less than 122.9125,000,000 gallons of ethanol, biobutanol, or cellulosic biofuel annually, or produces less 122.10than 400,000 tons of chemicals annually, if the facility or plant is: an ethanol plant, as 122.11defined in section 41A.09, subdivision 2a, paragraph (b); a biobutanol facility, as defined 122.12in section 41A.15, subdivision 2d; or a cellulosic biofuel facility. A facility or plant that 122.13only uses a cellulosic feedstock to produce chemical products for use by another facility as 122.14a feedstock shall new text begin is new text end not be considered a fuel conversion facility as used in rules adopted 122.15under this chapter. 122.16    (b) new text begin (d) new text end The responsible governmental unit shall promptly publish notice of the completion 122.17of an environmental assessment worksheet by publishing the notice in at least one newspaper 122.18of general circulation in the geographic area where the project is proposed, by posting the 122.19notice on a Web site that has been designated as the official publication site for publication 122.20of proceedings, public notices, and summaries of a political subdivision in which the project 122.21is proposed, or in any other manner determined by the board and shall provide copies of 122.22the environmental assessment worksheet to the board and its member agencies. Comments 122.23on the need for an environmental impact statement may be submitted to the responsible 122.24governmental unit during a 30-day period following publication of the notice that an 122.25environmental assessment worksheet has been completed. The responsible governmental 122.26unit's decision on the need for an environmental impact statement shall be based on the 122.27environmental assessment worksheet and the comments received during the comment period, 122.28and shall be made within 15 days after the close of the comment period. The board's chair 122.29may extend the 15-day period by not more than 15 additional days upon the request of the 122.30responsible governmental unit. 122.31    (c) new text begin (e) new text end An environmental assessment worksheet shall also be prepared for a proposed 122.32action whenever material evidence accompanying a petition by not less than 100 individuals 122.33who reside or own property in the state, submitted before the proposed project has received 122.34final approval by the appropriate governmental units, demonstrates that, because of the 122.35nature or location of a proposed action, there may be potential for significant environmental 123.1effects. Petitions requesting the preparation of an environmental assessment worksheet shall 123.2be submitted to the board. The chair of the board shall determine the appropriate responsible 123.3governmental unit and forward the petition to it. A decision on the need for an environmental 123.4assessment worksheet shall be made by the responsible governmental unit within 15 days 123.5after the petition is received by the responsible governmental unit. The board's chair may 123.6extend the 15-day period by not more than 15 additional days upon request of the responsible 123.7governmental unit. 123.8    (d) new text begin (f) new text end Except in an environmentally sensitive location where Minnesota Rules, part 123.94410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental 123.10review under this chapter and rules of the board, if: 123.11    (1) the proposed action is: 123.12    (i) an animal feedlot facility with a capacity of less than 1,000 animal units; or 123.13    (ii) an expansion of an existing animal feedlot facility with a total cumulative capacity 123.14of less than 1,000 animal units; 123.15    (2) the application for the animal feedlot facility includes a written commitment by the 123.16proposer to design, construct, and operate the facility in full compliance with Pollution 123.17Control Agency feedlot rules; and 123.18    (3) the county board holds a public meeting for citizen input at least ten business days 123.19prior to new text begin before new text end the Pollution Control Agency or county issuing a feedlot permit for the 123.20animal feedlot facility unless another public meeting for citizen input has been held with 123.21regard to the feedlot facility to be permitted. The exemption in this paragraph is in addition 123.22to other exemptions provided under other law and rules of the board. 123.23    (e) new text begin (g) new text end The board may, prior to new text begin before new text end final approval of a proposed project, require 123.24preparation of an environmental assessment worksheet by a responsible governmental unit 123.25selected by the board for any action where environmental review under this section has not 123.26been specifically provided for by rule or otherwise initiated. 123.27    (f) new text begin (h) new text end An early and open process shall be utilized to limit the scope of the environmental 123.28impact statement to a discussion of those impacts, which new text begin that new text end , because of the nature or 123.29location of the project, have the potential for significant environmental effects. The same 123.30process shall be utilized to determine the form, content new text begin , new text end and level of detail of the statement 123.31as well as the alternatives which new text begin that new text end are appropriate for consideration in the statement. In 123.32addition, the permits which new text begin that new text end will be required for the proposed action shall be identified 123.33during the scoping process. Further, the process shall identify those permits for which 124.1information will be developed concurrently with the environmental impact statement. The 124.2board shall provide in its rules for the expeditious completion of the scoping process. The 124.3determinations reached in the process shall be incorporated into the order requiring the 124.4preparation of an environmental impact statement. 124.5    (g) new text begin (i) new text end The responsible governmental unit shall, to the extent practicable, avoid duplication 124.6and ensure coordination between state and federal environmental review and between 124.7environmental review and environmental permitting. Whenever practical, information 124.8needed by a governmental unit for making final decisions on permits or other actions required 124.9for a proposed project shall be developed in conjunction with the preparation of an 124.10environmental impact statement. When an environmental impact statement is prepared for 124.11a project requiring multiple permits for which two or more agencies' decision processes 124.12include either mandatory or discretionary hearings before a hearing officer prior to new text begin before new text end 124.13the agencies' decision on the permit, the agencies may, notwithstanding any law or rule to 124.14the contrary, conduct the hearings in a single consolidated hearing process if requested by 124.15the proposer. All agencies having jurisdiction over a permit that is included in the 124.16consolidated hearing shall participate. The responsible governmental unit shall establish 124.17appropriate procedures for the consolidated hearing process, including procedures to ensure 124.18that the consolidated hearing process is consistent with the applicable requirements for each 124.19permit regarding the rights and duties of parties to the hearing, and shall utilize the earliest 124.20applicable hearing procedure to initiate the hearing. new text begin All agencies having jurisdiction over new text end 124.21 new text begin a permit identified in the draft environmental impact statement must accept and begin new text end 124.22 new text begin reviewing any permit application upon publication of the notice of preparation of the new text end 124.23 new text begin environmental impact statement. new text end 124.24    (h) new text begin (j) new text end An environmental impact statement shall be prepared and its adequacy determined 124.25within 280 days after notice of its preparation unless the time is extended by consent of the 124.26parties or by the governor for good cause. The responsible governmental unit shall determine 124.27the adequacy of an environmental impact statement, unless within 60 days after notice is 124.28published that an environmental impact statement will be prepared, the board chooses to 124.29determine the adequacy of an environmental impact statement. If an environmental impact 124.30statement is found to be inadequate, the responsible governmental unit shall have 60 days 124.31to prepare an adequate environmental impact statement. 124.32    (i) new text begin (k) new text end The proposer of a specific action may include in the information submitted to the 124.33responsible governmental unit a preliminary draft environmental impact statement under 124.34this section on that action for review, modification, and determination of completeness and 124.35adequacy by the responsible governmental unit. A preliminary draft environmental impact 125.1statement prepared by the project proposer and submitted to the responsible governmental 125.2unit shall identify or include as an appendix all studies and other sources of information 125.3used to substantiate the analysis contained in the preliminary draft environmental impact 125.4statement. The responsible governmental unit shall require additional studies, if needed, 125.5and obtain from the project proposer all additional studies and information necessary for 125.6the responsible governmental unit to perform its responsibility to review, modify, and 125.7determine the completeness and adequacy of the environmental impact statement. 125.8    Sec. 137. Minnesota Statutes 2016, section 116D.04, subdivision 10, is amended to read: 125.9    Subd. 10. Review. A person aggrieved by a final decision on the need for an 125.10environmental assessment worksheet, the need for an environmental impact statement, or 125.11the adequacy of an environmental impact statement is entitled to judicial review of the 125.12decision under sections 14.63 to 14.68. A petition for a writ of certiorari by an aggrieved 125.13person for judicial review under sections 14.63 to 14.68 must be filed with the Court of 125.14Appeals and served on the responsible governmental unit not more than 30 new text begin 45 new text end days after 125.15the party receives the final decision and order of the responsible governmental unit new text begin provides new text end 125.16 new text begin notice of the decision as required by law new text end . Proceedings for review under this section must 125.17be instituted by serving a petition for a writ of certiorari personally or by certified mail upon 125.18the responsible governmental unit and by promptly filing the proof of service in the Office 125.19of the Clerk of the Appellate Courts and the matter will proceed in the manner provided by 125.20the Rules of Civil Appellate Procedure. A copy of the petition must be provided to the 125.21attorney general at the time of service. Copies of the writ must be served, personally or by 125.22certified mail, upon the responsible governmental unit and the project proposer. The filing 125.23of the writ of certiorari does not stay the enforcement of any other governmental action, 125.24provided that the responsible governmental unit may stay enforcement or the Court of 125.25Appeals may order a stay upon terms it deems proper. A bond may be required under section 125.26562.02 unless at the time of hearing on the application for the bond the petitioner-relator 125.27has shown that the claim is likely to succeed on the merits. The board may initiate judicial 125.28review of decisions referred to herein and the board or a project proposer may intervene as 125.29of right in any proceeding brought under this subdivision. 125.30    Sec. 138. Minnesota Statutes 2016, section 116D.045, subdivision 1, is amended to read: 125.31    Subdivision 1. Assessment. The board shall new text begin must new text end by rule adopt procedures to new text begin : new text end 125.32 new text begin (1) new text end assess the proposer of a specific action for new text begin the responsible governmental unit's new text end 125.33reasonable costs of preparing, reviewing, and distributing the environmental impact statement. 126.1The costs shall new text begin must new text end be determined by the responsible governmental unit pursuant new text begin according new text end 126.2to the rules promulgated new text begin adopted new text end by the board new text begin ; and new text end 126.3 new text begin (2) authorize a proposer of a specific action to prepare a draft environmental impact new text end 126.4 new text begin statement for that action for submission to and review, modification, and determination of new text end 126.5 new text begin completeness and adequacy by the responsible governmental unit new text end . 126.6    Sec. 139. Minnesota Statutes 2016, section 160.06, is amended to read: 126.7160.06 TRAIL OR PORTAGE DEDICATION. 126.8Any trail or portage between public or navigable bodies of water or from public or 126.9navigable water to a public highway in this state which new text begin that new text end has been in continued and 126.10uninterrupted use by the general public for 15 years or more as a trail or portage for the 126.11purposes of travel, shall be new text begin is new text end deemed to have been dedicated to the public as a trail or 126.12portage. This section shall apply new text begin applies new text end only to forest trails on established state water trails new text begin new text end 126.13 new text begin canoe routes new text end and the public shall have new text begin has new text end the right to use the same for the purposes of travel 126.14to the same extent as public highways. The width of all trails and portages dedicated by 126.15user shall be new text begin is new text end eight feet on each side of the centerline of the trail or portage. 126.16    Sec. 140. Minnesota Statutes 2016, section 168.1295, subdivision 1, is amended to read: 126.17    Subdivision 1. General requirements and procedures. (a) The commissioner shall 126.18issue state parks and trails plates to an applicant who: 126.19(1) is a registered owner of a passenger automobile, recreational vehicle, one ton pickup 126.20truck, or motorcycle; 126.21(2) pays a fee of $10 to cover the costs of handling and manufacturing the plates; 126.22(3) pays the registration tax required under section 168.013; 126.23(4) pays the fees required under this chapter; 126.24(5) contributes a minimum of $50 new text begin $60 new text end annually to the state parks and trails donation 126.25account established in section 85.056; and 126.26(6) complies with this chapter and rules governing registration of motor vehicles and 126.27licensing of drivers. 126.28(b) The state parks and trails plate application must indicate that the contribution specified 126.29under paragraph (a), clause (5), is a minimum contribution to receive the plate and that the 126.30applicant may make an additional contribution to the account. 127.1(c) State parks and trails plates may be personalized according to section 168.12, 127.2subdivision 2a. 127.3    Sec. 141. Minnesota Statutes 2016, section 282.018, subdivision 1, is amended to read: 127.4    Subdivision 1. Land on or adjacent to public waters. (a) All land which is the property 127.5of the state as a result of forfeiture to the state for nonpayment of taxes, regardless of whether 127.6the land is held in trust for taxing districts, and which borders on or is adjacent to meandered 127.7lakes and other public waters and watercourses, and the live timber growing or being thereon, 127.8is hereby withdrawn from sale except as hereinafter provided. The authority having 127.9jurisdiction over the timber on any such new text begin of these new text end lands may sell the timber as otherwise 127.10provided by law for cutting and removal under such new text begin the new text end conditions as the authority may 127.11prescribe in accordance with approved, sustained yield forestry practices. The authority 127.12having jurisdiction over the timber shall reserve such new text begin the new text end timber and impose such new text begin the new text end 127.13conditions as the authority deems necessary for the protection of watersheds, wildlife habitat, 127.14shorelines, and scenic features. Within the area in Cook, Lake, and St. Louis counties 127.15described in the Act of Congress approved July 10, 1930 (46 Stat. 1020), the timber on 127.16tax-forfeited lands shall be subject to like restrictions as are now imposed by that act on 127.17federal lands. 127.18(b) Of all tax-forfeited land bordering on or adjacent to meandered lakes and other public 127.19waters and watercourses and so withdrawn from sale, a strip two rods in width, the ordinary 127.20high-water mark being the waterside boundary thereof, and the land side boundary thereof 127.21being a line drawn parallel to the ordinary high-water mark and two rods distant landward 127.22therefrom, hereby is reserved for public travel thereon, and whatever the conformation of 127.23the shore line or conditions require, the authority having jurisdiction over such new text begin these new text end lands 127.24shall reserve a wider strip for such new text begin these new text end purposes. 127.25(c) Any tract or parcel of land which has 150 feet or less of waterfront may be sold by 127.26the authority having jurisdiction over the land, in the manner otherwise provided by law 127.27for the sale of such new text begin the new text end lands, if the authority determines that it is in the public interest to 127.28do so. new text begin Any tract or parcel of land within a plat of record bordering on or adjacent to new text end 127.29 new text begin meandered lakes and other public waters and watercourses may be sold by the authority new text end 127.30 new text begin having jurisdiction over the land, in the manner otherwise provided by law for the sale of new text end 127.31 new text begin the lands, if the authority determines that it is in the public interest to do so. new text end If the authority 127.32having jurisdiction over the land is not the commissioner of natural resources, the land may 127.33not be offered for sale without the prior approval of the commissioner of natural resources. 128.1(d) Where the authority having jurisdiction over lands withdrawn from sale under this 128.2section is not the commissioner of natural resources, the authority may submit proposals 128.3for disposition of the lands to the commissioner. The commissioner of natural resources 128.4shall evaluate the lands and their public benefits and make recommendations on the proposed 128.5dispositions to the committees of the legislature with jurisdiction over natural resources. 128.6The commissioner shall include any recommendations of the commissioner for disposition 128.7of lands withdrawn from sale under this section over which the commissioner has jurisdiction. 128.8The commissioner's recommendations may include a public sale, sale to a private party, 128.9acquisition by the Department of Natural Resources for public purposes, or a cooperative 128.10management agreement with, or transfer to, another unit of government. 128.11    Sec. 142. Minnesota Statutes 2016, section 282.04, subdivision 1, is amended to read: 128.12    Subdivision 1. Timber sales; land leases and uses. (a) The county auditor, with terms 128.13and conditions set by the county board, may sell timber upon any tract that may be approved 128.14by the natural resources commissioner. The sale of timber shall be made for cash at not less 128.15than the appraised value determined by the county board to the highest bidder after not less 128.16than one week's published notice in an official paper within the county. Any timber offered 128.17at the public sale and not sold may thereafter be sold at private sale by the county auditor 128.18at not less than the appraised value thereof, until the time as the county board may withdraw 128.19the timber from sale. The appraised value of the timber and the forestry practices to be 128.20followed in the cutting of said timber shall be approved by the commissioner of natural 128.21resources. 128.22    (b) Payment of the full sale price of all timber sold on tax-forfeited lands shall be made 128.23in cash at the time of the timber sale, except in the case of oral or sealed bid auction sales, 128.24the down payment shall be no less than 15 percent of the appraised value, and the balance 128.25shall be paid prior to entry. In the case of auction sales that are partitioned and sold as a 128.26single sale with predetermined cutting blocks, the down payment shall be no less than 15 128.27percent of the appraised price of the entire timber sale which may be held until the satisfactory 128.28completion of the sale or applied in whole or in part to the final cutting block. The value of 128.29each separate block must be paid in full before any cutting may begin in that block. With 128.30the permission of the county contract administrator the purchaser may enter unpaid blocks 128.31and cut necessary timber incidental to developing logging roads as may be needed to log 128.32other blocks provided that no timber may be removed from an unpaid block until separately 128.33scaled and paid for. If payment is provided as specified in this paragraph as security under 128.34paragraph (a) and no cutting has taken place on the contract, the county auditor may credit 128.35the security provided, less any down payment required for an auction sale under this 129.1paragraph, to any other contract issued to the contract holder by the county under this chapter 129.2to which the contract holder requests in writing that it be credited, provided the request and 129.3transfer is made within the same calendar year as the security was received. 129.4    (c) The county board may sell any timber, including biomass, as appraised or scaled. 129.5Any parcels of land from which timber is to be sold by scale of cut products shall be so 129.6designated in the published notice of sale under paragraph (a), in which case the notice shall 129.7contain a description of the parcels, a statement of the estimated quantity of each species 129.8of timber, and the appraised price of each species of timber for 1,000 feet, per cord or per 129.9piece, as the case may be. In those cases any bids offered over and above the appraised 129.10prices shall be by percentage, the percent bid to be added to the appraised price of each of 129.11the different species of timber advertised on the land. The purchaser of timber from the 129.12parcels shall pay in cash at the time of sale at the rate bid for all of the timber shown in the 129.13notice of sale as estimated to be standing on the land, and in addition shall pay at the same 129.14rate for any additional amounts which the final scale shows to have been cut or was available 129.15for cutting on the land at the time of sale under the terms of the sale. Where the final scale 129.16of cut products shows that less timber was cut or was available for cutting under terms of 129.17the sale than was originally paid for, the excess payment shall be refunded from the forfeited 129.18tax sale fund upon the claim of the purchaser, to be audited and allowed by the county board 129.19as in case of other claims against the county. No timber, except hardwood pulpwood, may 129.20be removed from the parcels of land or other designated landings until scaled by a person 129.21or persons designated by the county board and approved by the commissioner of natural 129.22resources. Landings other than the parcel of land from which timber is cut may be designated 129.23for scaling by the county board by written agreement with the purchaser of the timber. The 129.24county board may, by written agreement with the purchaser and with a consumer designated 129.25by the purchaser when the timber is sold by the county auditor, and with the approval of 129.26the commissioner of natural resources, accept the consumer's scale of cut products delivered 129.27at the consumer's landing. No timber shall be removed until fully paid for in cash. Small 129.28amounts of timber not exceeding $3,000 new text begin 500 cords new text end in appraised valuation new text begin volume new text end may be 129.29sold for not less than the full appraised value at private sale to individual persons without 129.30first publishing notice of sale or calling for bids, provided that in case of a sale involving a 129.31total appraised value of more than $200 the sale shall be made subject to final settlement 129.32on the basis of a scale of cut products in the manner above provided and not more than two 129.33of the sales, directly or indirectly to any individual shall be in effect at one time. 129.34    (d) As directed by the county board, the county auditor may lease tax-forfeited land to 129.35individuals, corporations or organized subdivisions of the state at public or private sale, and 130.1at the prices and under the terms as the county board may prescribe, for use as cottage and 130.2camp sites and for agricultural purposes and for the purpose of taking and removing of hay, 130.3stumpage, sand, gravel, clay, rock, marl, and black dirt from the land, and for garden sites 130.4and other temporary uses provided that no leases shall be for a period to exceed ten years; 130.5provided, further that any leases involving a consideration of more than $12,000 per year, 130.6except to an organized subdivision of the state shall first be offered at public sale in the 130.7manner provided herein for sale of timber. Upon the sale of any leased land, it shall remain 130.8subject to the lease for not to exceed one year from the beginning of the term of the lease. 130.9Any rent paid by the lessee for the portion of the term cut off by the cancellation shall be 130.10refunded from the forfeited tax sale fund upon the claim of the lessee, to be audited and 130.11allowed by the county board as in case of other claims against the county. 130.12    (e) As directed by the county board, the county auditor may lease tax-forfeited land to 130.13individuals, corporations, or organized subdivisions of the state at public or private sale, at 130.14the prices and under the terms as the county board may prescribe, for the purpose of taking 130.15and removing for use for road construction and other purposes tax-forfeited stockpiled 130.16iron-bearing material. The county auditor must determine that the material is needed and 130.17suitable for use in the construction or maintenance of a road, tailings basin, settling basin, 130.18dike, dam, bank fill, or other works on public or private property, and that the use would 130.19be in the best interests of the public. No lease shall exceed ten years. The use of a stockpile 130.20for these purposes must first be approved by the commissioner of natural resources. The 130.21request shall be deemed approved unless the requesting county is notified to the contrary 130.22by the commissioner of natural resources within six months after receipt of a request for 130.23approval for use of a stockpile. Once use of a stockpile has been approved, the county may 130.24continue to lease it for these purposes until approval is withdrawn by the commissioner of 130.25natural resources. 130.26    (f) The county auditor, with the approval of the county board is authorized to grant 130.27permits, licenses, and leases to tax-forfeited lands for the depositing of stripping, lean ores, 130.28tailings, or waste products from mines or ore milling plants, or to use for facilities needed 130.29to recover iron-bearing oxides from tailings basins or stockpiles, or for a buffer area needed 130.30for a mining operation, upon the conditions and for the consideration and for the period of 130.31time, not exceeding 25 years, as the county board may determine. The permits, licenses, or 130.32leases are subject to approval by the commissioner of natural resources. 130.33    (g) Any person who removes any timber from tax-forfeited land before said timber has 130.34been scaled and fully paid for as provided in this subdivision is guilty of a misdemeanor. 131.1    (h) The county auditor may, with the approval of the county board, and without first 131.2offering at public sale, grant leases, for a term not exceeding 25 years, for the removal of 131.3peat and for the production or removal of farm-grown closed-loop biomass as defined in 131.4section 216B.2424, subdivision 1, or short-rotation woody crops from tax-forfeited lands 131.5upon the terms and conditions as the county board may prescribe. Any lease for the removal 131.6of peat, farm-grown closed-loop biomass, or short-rotation woody crops from tax-forfeited 131.7lands must first be reviewed and approved by the commissioner of natural resources if the 131.8lease covers 320 or more acres. No lease for the removal of peat, farm-grown closed-loop 131.9biomass, or short-rotation woody crops shall be made by the county auditor pursuant to this 131.10section without first holding a public hearing on the auditor's intention to lease. One printed 131.11notice in a legal newspaper in the county at least ten days before the hearing, and posted 131.12notice in the courthouse at least 20 days before the hearing shall be given of the hearing. 131.13    (i) Notwithstanding any provision of paragraph (c) to the contrary, the St. Louis County 131.14auditor may, at the discretion of the county board, sell timber to the party who bids the 131.15highest price for all the several kinds of timber, as provided for sales by the commissioner 131.16of natural resources under section 90.14. Bids offered over and above the appraised price 131.17need not be applied proportionately to the appraised price of each of the different species 131.18of timber. 131.19    (j) In lieu of any payment or deposit required in paragraph (b), as directed by the county 131.20board and under terms set by the county board, the county auditor may accept an irrevocable 131.21bank letter of credit in the amount equal to the amount otherwise determined in paragraph 131.22(b). If an irrevocable bank letter of credit is provided under this paragraph, at the written 131.23request of the purchaser, the county may periodically allow the bank letter of credit to be 131.24reduced by an amount proportionate to the value of timber that has been harvested and for 131.25which the county has received payment. The remaining amount of the bank letter of credit 131.26after a reduction under this paragraph must not be less than 20 percent of the value of the 131.27timber purchased. If an irrevocable bank letter of credit or cash deposit is provided for the 131.28down payment required in paragraph (b), and no cutting of timber has taken place on the 131.29contract for which a letter of credit has been provided, the county may allow the transfer 131.30of the letter of credit to any other contract issued to the contract holder by the county under 131.31this chapter to which the contract holder requests in writing that it be credited. 131.32    Sec. 143. Minnesota Statutes 2016, section 296A.18, subdivision 6a, is amended to read: 131.33    Subd. 6a. Computation of nonhighway use amounts. The nonhighway use amounts 131.34determined in subdivisions 2 to 6 must be transferred from the highway user tax distribution 132.1fund to the accounts as provided for in sections 84.794, 84.803, 84.83, 84.927, and 86B.706. 132.2These amounts, together with interest and penalties for delinquency in payment, paid or 132.3collected pursuant to the provisions of this chapter, must be computed for each six-month 132.4period ending June 30 and December 31 and must be transferred on November 1 and June new text begin new text end 132.5 new text begin April new text end 1 following each six-month period. 132.6    Sec. 144. new text begin [471.9998] MERCHANT BAGS. new text end 132.7     new text begin Subdivision 1. new text end new text begin Citation. new text end new text begin This section may be cited as the Consumer Choice Act. new text end 132.8     new text begin Subd. 2. new text end new text begin Merchant option. new text end new text begin All merchants, itinerant vendors, and peddlers doing business new text end 132.9 new text begin in this state shall have the option to provide customers a paper, plastic, or reusable bag for new text end 132.10 new text begin the packaging of any item or good purchased, provided the purchase is of a size and manner new text end 132.11 new text begin commensurate with the use of paper, plastic, or reusable bags. new text end 132.12     new text begin Subd. 3. new text end new text begin Prohibition; bag ban or tax. new text end new text begin Notwithstanding any other provision of law, no new text end 132.13 new text begin political subdivision shall impose any ban, fee, or tax upon the use of paper, plastic, or new text end 132.14 new text begin reusable bags for packaging of any item or good purchased from a merchant, itinerant new text end 132.15 new text begin vendor, or peddler. new text end 132.16 new text begin EFFECTIVE DATE. new text end new text begin This section is effective May 31, 2017. Ordinances existing on new text end 132.17 new text begin the effective date of this section that would be prohibited under this section are invalid as new text end 132.18 new text begin of the effective date of this section. new text end 132.19    Sec. 145. new text begin [477A.21] RIPARIAN PROTECTION AID. new text end 132.20     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin For purposes of this section, the following terms have the new text end 132.21 new text begin meanings given: new text end 132.22 new text begin (1) "buffer protection map" has the meaning given under section 103F.48, subdivision new text end 132.23 new text begin 1; and new text end 132.24 new text begin (2) "public watercourses" means public waters and public drainage systems subject to new text end 132.25 new text begin riparian protection requirements under section 103F.48. new text end 132.26     new text begin Subd. 2. new text end new text begin Certifications to commissioner. new text end new text begin (a) The Board of Water and Soil Resources new text end 132.27 new text begin must certify to the commissioner of revenue, on or before July 1 each year, which counties new text end 132.28 new text begin and watershed districts have affirmed their jurisdiction under section 103F.48 and the new text end 132.29 new text begin proportion of centerline miles of public watercourses, and miles of public drainage system new text end 132.30 new text begin ditches on the buffer protection map, within each county and each watershed district within new text end 132.31 new text begin the county with affirmed jurisdiction. new text end 133.1 new text begin (b) On or before July 1 each year, the commissioner of natural resources shall certify to new text end 133.2 new text begin the commissioner of revenue the statewide and countywide number of centerline miles of new text end 133.3 new text begin public watercourses and miles of public drainage system ditches on the buffer protection new text end 133.4 new text begin map. new text end 133.5     new text begin Subd. 3. new text end new text begin Distribution. new text end new text begin (a) A county that is certified under subdivision 2, or that portion new text end 133.6 new text begin of a county containing a watershed district certified under subdivision 2, is eligible to receive new text end 133.7 new text begin aid under this section to enforce and implement the riparian protection and water quality new text end 133.8 new text begin practices under section 103F.48. Each county's preliminary aid amount is equal to the new text end 133.9 new text begin proportion calculated under paragraph (b) multiplied by the appropriation received each new text end 133.10 new text begin year by the commissioner for purposes of payments under this section. new text end 133.11 new text begin (b) The commissioner must compute each county's proportion. A county's proportion is new text end 133.12 new text begin equal to the ratio of the sum in clause (1) to the sum in clause (2): new text end 133.13 new text begin (1) the sum of the total number of acres in the county classified as class 2a under section new text end 133.14 new text begin 273.13, subdivision 23, the countywide number of centerline miles of public watercourses new text end 133.15 new text begin on the buffer protection map, and the countywide number of miles of public drainage system new text end 133.16 new text begin ditches on the buffer protection map; and new text end 133.17 new text begin (2) the sum of the statewide total number of acres classified as class 2a under section new text end 133.18 new text begin 273.13, subdivision 23, the statewide total number of centerline miles of public watercourses new text end 133.19 new text begin on the buffer protection map, and the statewide total number of public drainage system new text end 133.20 new text begin miles on the buffer protection map. new text end 133.21 new text begin (c) Aid to a county must not be greater than $200,000 or less than $50,000. If the sum new text end 133.22 new text begin of the preliminary aids payable to counties under paragraph (a) is greater or less than the new text end 133.23 new text begin appropriation received by the commissioner, the commissioner of revenue must calculate new text end 133.24 new text begin the percentage of adjustment necessary so that the total of the aid under paragraph (a) equals new text end 133.25 new text begin the total amount received by the commissioner, subject to the minimum and maximum new text end 133.26 new text begin amounts specified in this paragraph. The minimum and maximum amounts under this new text end 133.27 new text begin paragraph must be adjusted by the ratio of the actual amount appropriated to $10,000,000. new text end 133.28 new text begin (d) If only a portion of a county is certified as eligible to receive aid under subdivision new text end 133.29 new text begin 2, the aid otherwise payable to that county under this section must be multiplied by a fraction, new text end 133.30 new text begin the numerator of which is the buffer protection map miles of the certified watershed districts new text end 133.31 new text begin contained within the county and the denominator of which is the total buffer protection map new text end 133.32 new text begin miles of the county. new text end 133.33 new text begin (e) Any aid that would otherwise be paid to a county or portion of a county that is not new text end 133.34 new text begin certified under subdivision 2 shall be paid to the Board of Water and Soil Resources for new text end 134.1 new text begin enforcing and implementing the riparian protection and water quality practices under section new text end 134.2 new text begin 103F.48. new text end 134.3     new text begin Subd. 4. new text end new text begin Payments. new text end new text begin The commissioner of revenue must compute the amount of riparian new text end 134.4 new text begin protection aid payable to each eligible county and to the Board of Water and Soil Resources new text end 134.5 new text begin under this section. On or before August 1 each year, the commissioner must certify the new text end 134.6 new text begin amount to be paid to each county and the Board of Water and Soil Resources in the following new text end 134.7 new text begin year, except that the payments for 2017 must be certified by July 15, 2017. The commissioner new text end 134.8 new text begin must pay riparian protection aid to counties and to the Board of Water and Soil Resources new text end 134.9 new text begin in the same manner and at the same time as aid payments under section 477A.015. new text end 134.10 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment and new text end 134.11 new text begin applies to aids payable in 2017 and thereafter. new text end 134.12    Sec. 146. Laws 2000, chapter 486, section 4, as amended by Laws 2001, chapter 182, 134.13section 2, is amended to read: 134.14    Sec. 4. [BOATHOUSE LEASES; SOUDAN UNDERGROUND MINE STATE 134.15PARK.] 134.16    (a) In 1965, United States Steel Corporation conveyed land to the state of Minnesota 134.17that was included in the Soudan underground mine state park, with certain lands at Stuntz 134.18Bay subject to leases outstanding for employee boathouse sites. 134.19    (b) Notwithstanding Minnesota Statutes, sections 85.011, 85.012, subdivision 1, and 134.2086A.05, subdivision 2 , upon the expiration of a boathouse lease described under paragraph 134.21(a), the commissioner of natural resources shall offer a new lease to the party in possession 134.22at the time of lease expiration, or, if there has been a miscellaneous lease issued by the 134.23Department of Natural Resources due to expiration of a lease described under paragraph 134.24(a), upon its expiration to the lessee. The new lease shall be issued under the terms and 134.25conditions of Minnesota Statutes, section 92.50, with the following limitations new text begin except as new text end 134.26 new text begin follows new text end : 134.27    (1) the term of the lease shall be for the lifetime of the party being issued a renewed 134.28lease and, if transferred, for the lifetime of the party to whom the lease is transferred; 134.29    (2) the new lease shall provide that the lease may be transferred only once and the transfer 134.30must be to a person within the third degree of kindred or first cousin according to civil law; 134.31and 134.32    (3) the commissioner shall limit the number of lessees per lease to no more than two 134.33persons who have attained legal age new text begin ; and new text end 135.1     new text begin (4) the lease amount must not exceed 50 percent of the average market rate, based on new text end 135.2 new text begin comparable private lease rates, as determined once every five years per lease new text end . 135.3At the time of the new lease, the commissioner may offer, and after agreement with the 135.4leaseholder, lease equivalent alternative sites to the leaseholder. 135.5    (c) The commissioner shall not cancel a boathouse lease described under paragraphs (a) 135.6and (b) except for noncompliance with the lease agreement. 135.7 new text begin (d) The commissioner must issue a written receipt to the lessee for each lease payment. new text end 135.8    (d) By January 15, 2001, the commissioner of natural resources shall report to the senate 135.9and house environment and natural resources policy and finance committees on boathouse 135.10leases in state parks. The report shall include information on: 135.11    (1) the number of boathouse leases; 135.12    (2) the number of leases that have forfeited; 135.13    (3) the expiration dates of the leases; 135.14    (4) the historical significance of the boathouses; 135.15    (5) recommendations on the inclusion of the land described in paragraph (d) within the 135.16park boundary; and 135.17    (6) any other relevant information on the leases. 135.18    (e) The commissioner of natural resources shall contact U.S.X. Corporation and local 135.19units of government regarding the inclusion of the following lands within Soudan 135.20underground mine state park: 135.21    (1) all lands located South of Vermillion Lake shoreline in Section 13, Township 62 135.22North, Range 15 West; 135.23    (2) all lands located South of Vermillion Lake shoreline in the S1/2-SE1/4 of Section 135.2414, Township 62 North, Range 15 West; 135.25    (3) NE1/4-SE1/4 and E1/2-NE1/4 of Section 22, Township 62 North, Range 15 West; 135.26    (4) all lands located South of Vermillion Lake shoreline in Section 23, Township 62 135.27North, Range 15 West; 135.28    (5) all of Section 24, Township 62 North, Range 15 West; 135.29    (6) all lands North of trunk highway No. 169 located in Section 25, Township 62 North, 135.30Range 15 West; 136.1    (7) all lands North of trunk highway No. 169 located in Section 26, Township 62 North, 136.2Range 15 West; 136.3    (8) NE1/4-SE1/4 and SE1/4-NE1/4 of Section 27, Township 62 North, Range 15 West; 136.4and 136.5    (9) NW1/4 of Section 19, Township 62 North, Range 14 West. 136.6 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment and new text end 136.7 new text begin applies to monthly lease payments made on or after that date. new text end 136.8    Sec. 147. Laws 2013, chapter 114, article 4, section 105, is amended to read: 136.9    Sec. 105. RULES; SILICA SAND. 136.10(a) The commissioner of the Pollution Control Agency shall new text begin may new text end adopt rules pertaining 136.11to the control of particulate emissions from silica sand projects. The rulemaking is exempt 136.12from Minnesota Statutes, section 14.125. 136.13(b) The commissioner of natural resources shall adopt rules pertaining to the reclamation 136.14of silica sand mines. The rulemaking is exempt from Minnesota Statutes, section 14.125. 136.15(c) By January 1, 2014, the Department of Health shall adopt an air quality health-based 136.16value for silica sand. 136.17(d) The Environmental Quality Board shall new text begin may new text end amend its rules for environmental 136.18review, adopted under Minnesota Statutes, chapter 116D, for silica sand mining and 136.19processing to take into account the increased activity in the state and concerns over the size 136.20of specific operations. The Environmental Quality Board shall consider whether the 136.21requirements of Minnesota Statutes, section 116C.991, should remain part of the 136.22environmental review requirements for silica sand and whether the requirements should be 136.23different for different geographic areas of the state. The rulemaking is exempt from Minnesota 136.24Statutes, section 14.125. 136.25    Sec. 148. Laws 2015, First Special Session chapter 4, article 4, section 136, is amended 136.26to read: 136.27    Sec. 136. WILD RICE WATER QUALITY STANDARDS. 136.28(a) Until the commissioner of the Pollution Control Agency amends rules refining the 136.29wild rice water quality standard in Minnesota Rules, part 7050.0224, subpart 2, to consider 136.30all independent research and publicly funded research and to include criteria for identifying 136.31waters and a list of waters subject to the standard, implementation of the wild rice water 137.1quality standard in Minnesota Rules, part 7050.0224, subpart 2, shall be limited to the 137.2following, unless the permittee requests additional conditions: 137.3(1) when issuing, modifying, or renewing national pollutant discharge elimination system 137.4(NPDES) or state disposal system (SDS) permits, the agency shall endeavor to protect wild 137.5rice, and in doing so shall be limited by the following conditions: 137.6(i) the agency shall not require permittees to expend money for design or implementation 137.7of sulfate treatment technologies or other forms of sulfate mitigation; and 137.8(ii) the agency may require sulfate minimization plans in permits; and 137.9(2) the agency shall not list waters containing natural beds of wild rice as impaired for 137.10sulfate under section 303(d) of the federal Clean Water Act, United States Code, title 33, 137.11section 1313, until the rulemaking described in this paragraph takes effect. 137.12(b) Upon the rule described in paragraph (a) taking effect, the agency may reopen permits 137.13issued or reissued after the effective date of this section as needed to include numeric permit 137.14limits based on the wild rice water quality standard. 137.15(c) The commissioner shall complete the rulemaking described in paragraph (a) by 137.16January 15, 2018 new text begin 2019 new text end . 137.17    Sec. 149. Laws 2016, chapter 189, article 3, section 26, the effective date, is amended to 137.18read: 137.19EFFECTIVE DATE.This section is effective May 1, 2017 new text begin 2018 new text end . 137.20 new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively from April 30, 2017. new text end 137.21    Sec. 150. Laws 2016, chapter 189, article 3, section 46, is amended to read: 137.22    Sec. 46. PRESCRIBED BURN REQUIREMENTS; REPORT. 137.23The commissioner of natural resources, in cooperation with prescribed burning 137.24professionals, nongovernmental organizations, and local and federal governments, must 137.25develop criteria for certifying an entity to conduct a prescribed burn under a general new text begin an open new text end 137.26 new text begin burning new text end permit. The certification requirements must include training, equipment, and 137.27experience requirements and include an apprentice program to allow entities without 137.28experience to become certified. The commissioner must establish provisions for decertifying 137.29entities. The commissioner must not require additional certification or requirements for 137.30burns conducted as part of normal agricultural practices not currently subject to prescribed 137.31burn specifications. The commissioner must submit a report with recommendations and 138.1any legislative changes needed to the chairs and ranking minority members of the house of 138.2representatives and senate committees and divisions with jurisdiction over environment and 138.3natural resources by January 15, 2017. 138.4    Sec. 151. new text begin DEMOLITION DEBRIS LANDFILL PERMITTING. new text end 138.5 new text begin A solid waste permit issued by the Pollution Control Agency to an existing class I new text end 138.6 new text begin demolition debris landfill facility that is operating under the Pollution Control Agency new text end 138.7 new text begin Demolition Landfill Guidance, issued August 2005, is extended pursuant to Minnesota new text end 138.8 new text begin Rules, part 7001.0160, for a period of five years, unless a new permit is issued for the facility new text end 138.9 new text begin by the Pollution Control Agency after the effective date of this section. new text end 138.10 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 138.11    Sec. 152. new text begin ENVIRONMENTAL QUALITY BOARD MEMBERSHIP TRANSITION. new text end 138.12 new text begin (a) Until the governor has appointed members of the Environmental Quality Board from new text end 138.13 new text begin each congressional district as required under this act, this section governs membership of new text end 138.14 new text begin the board. new text end 138.15 new text begin (b) The citizen members of the board as of July 1, 2017, shall continue to serve until the new text end 138.16 new text begin expiration of their terms. new text end 138.17 new text begin (c) No later than October 1, 2017, the governor shall appoint board members from the new text end 138.18 new text begin first, second, seventh, and eighth congressional districts for terms to begin January 2, 2018. new text end 138.19 new text begin (d) No later than October 1, 2018, the governor shall appoint a board member from the new text end 138.20 new text begin third congressional district for a term to begin January 8, 2019. new text end 138.21 new text begin (e) No later than October 1, 2019, the governor shall appoint a board member from the new text end 138.22 new text begin fourth congressional district for a term to begin January 7, 2020. new text end 138.23 new text begin (f) No later than October 1, 2020, the governor shall appoint a board member from the new text end 138.24 new text begin fifth congressional district for a term to begin January 5, 2021. new text end 138.25 new text begin (g) No later than October 1, 2021, the governor shall appoint a commissioner from the new text end 138.26 new text begin sixth congressional district for a term to begin January 4, 2022. new text end 138.27    Sec. 153. new text begin SAND DUNES STATE FOREST MANAGEMENT; PLAN REQUIRED. new text end 138.28     new text begin Subdivision 1. new text end new text begin Forest management. new text end new text begin When managing the Sand Dunes State Forest, the new text end 138.29 new text begin commissioner of natural resources must: new text end 139.1 new text begin (1) not convert additional land to oak savanna or convert oak savanna to nonforest land new text end 139.2 new text begin unless it is done as a result of a contract entered into before the effective date of this section; new text end 139.3 new text begin (2) require all prairie seeds planted to be from native species of a local ecotype to new text end 139.4 new text begin Sherburne or Benton County; and new text end 139.5 new text begin (3) comply with the Minnesota Forest Resources Council's guidelines for aesthetics in new text end 139.6 new text begin residential areas. new text end 139.7     new text begin Subd. 2. new text end new text begin Prescribed burns; notification. new text end new text begin At least 40 days before conducting a prescribed new text end 139.8 new text begin burn, the commissioner must: new text end 139.9 new text begin (1) publish a notice in a newspaper of general circulation in the area; new text end 139.10 new text begin (2) notify the county and township in writing; and new text end 139.11 new text begin (3) notify residents within a quarter mile of the prescribed burn in writing. new text end 139.12     new text begin Subd. 3. new text end new text begin School trust lands. new text end new text begin Nothing in this section restricts the ability of the new text end 139.13 new text begin commissioner or the school trust lands director from managing school trust lands within new text end 139.14 new text begin the Sand Dunes State Forest for long-term economic return. new text end 139.15     new text begin Subd. 4. new text end new text begin Township road. new text end new text begin If the commissioner of natural resources finds that any portion new text end 139.16 new text begin of 233rd Avenue within the Sand Dunes State Forest is not owned by the township, the new text end 139.17 new text begin commissioner must convey an easement over and across state-owned lands administered new text end 139.18 new text begin by the commissioner to the township under Minnesota Statutes, section 84.63, for the width new text end 139.19 new text begin of 233rd Avenue. new text end 139.20     new text begin Subd. 5. new text end new text begin Sunset. new text end new text begin This section expires two years from the day following final enactment. new text end 139.21 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 139.22    Sec. 154. new text begin WATER USE PERMIT AND DATA COLLECTION; APPROPRIATION. new text end 139.23 new text begin (a) Notwithstanding Minnesota Statutes, sections 84.0895 and 103G.223, or other law new text end 139.24 new text begin to the contrary, the commissioner of natural resources must issue, upon application, a water new text end 139.25 new text begin use permit for calcareous fens located in Pipestone County. The permittee must agree to new text end 139.26 new text begin the following permit conditions: new text end 139.27 new text begin (1) the permit is for a term of 15 years, but may be revoked after five years if paragraph new text end 139.28 new text begin (b) applies; new text end 139.29 new text begin (2) water use under the permit is limited to irrigation of agricultural crops at a rate of new text end 139.30 new text begin no more than 800 gallons per minute in accordance with an irrigation plan submitted with new text end 139.31 new text begin the water use permit application; new text end 140.1 new text begin (3) the permittee must pay for the irrigation system installed during the term of the new text end 140.2 new text begin permit; and new text end 140.3 new text begin (4) installation of the irrigation system must minimize disturbance to the existing plant new text end 140.4 new text begin community in the calcareous fens. The commissioner must provide technical advice for new text end 140.5 new text begin installation of the irrigation system. new text end 140.6 new text begin (b) If, at any time after five years of water use, the commissioner determines the new text end 140.7 new text begin drawdown of water from the fens endangers the continued sustainability of the calcareous new text end 140.8 new text begin fens, the commissioner may revoke the permit. If the commissioner revokes the permit new text end 140.9 new text begin before the permit's expiration date, the permittee must be reimbursed for the cost of the new text end 140.10 new text begin irrigation system, prorated over the full 15-year term of the original permit. new text end 140.11 new text begin (c) The commissioner must monitor the calcareous fens to collect data on the effects of new text end 140.12 new text begin water use from the fens for the duration of the permit. If the commissioner concludes that, new text end 140.13 new text begin based on collected data, the calcareous fens remain viable after 15 years of water use, the new text end 140.14 new text begin commissioner must renew the water use permit for an additional 15 years, free of the new text end 140.15 new text begin condition imposed under paragraph (a), clause (1). new text end 140.16    Sec. 155. new text begin HILL-ANNEX MINE STATE PARK MANAGEMENT AND OPERATION new text end 140.17 new text begin PLAN. new text end 140.18 new text begin (a) The commissioner of natural resources must work with the commissioner of the Iron new text end 140.19 new text begin Range Resources and Rehabilitation Board and representatives from the city of Calumet, new text end 140.20 new text begin Itasca County, and the Western Mesabi Mine Planning Board to create an alternate operating new text end 140.21 new text begin model for local management and operation of Hill-Annex Mine State Park until mining new text end 140.22 new text begin resumes on the property. The commissioner of natural resources must submit a management new text end 140.23 new text begin and operation plan to the chairs and ranking minority members of the house of representatives new text end 140.24 new text begin and senate committees and divisions with jurisdiction over environment and natural resources new text end 140.25 new text begin by January 15, 2018. new text end 140.26     new text begin (b) In fiscal year 2018 and fiscal year 2019, the level of service and hours of operation new text end 140.27 new text begin at Hill-Annex Mine State Park must be maintained at fiscal year 2016 levels. new text end 140.28    Sec. 156. new text begin BASE BUDGET REPORT. new text end 140.29 new text begin (a) The commissioners of natural resources and the Pollution Control Agency must each new text end 140.30 new text begin submit a report that contains the details of their base budgets, by fiscal year, including: new text end 140.31 new text begin (1) appropriation riders for the previous biennium and the year the rider was first used; new text end 140.32 new text begin (2) anticipated appropriation riders for the fiscal years 2020-2021 biennium; new text end 141.1 new text begin (3) statutory appropriations; and new text end 141.2 new text begin (4) an explanation on the use of funds for each appropriation not covered by a rider. new text end 141.3 new text begin (b) The reports must be submitted to the chairs and ranking minority members of the new text end 141.4 new text begin house of representatives and senate committees and divisions with jurisdiction over new text end 141.5 new text begin environment and natural resources by October 15, 2018. new text end 141.6    Sec. 157. new text begin RULEMAKING; MINNOW LICENSES. new text end 141.7 new text begin The commissioner of natural resources shall amend Minnesota Rules, part 6254.0100, new text end 141.8 new text begin subpart 2, to conform with Minnesota Statutes, section 97C.501, subdivision 1. The new text end 141.9 new text begin commissioner may use the good cause exemption under Minnesota Statutes, section 14.388, new text end 141.10 new text begin subdivision 1, clause (3), to adopt rules under this section, and Minnesota Statutes, section new text end 141.11 new text begin 14.386, does not apply, except as provided under Minnesota Statutes, section 14.388. new text end 141.12    Sec. 158. new text begin CANCELLATION OF PERMITS. new text end 141.13 new text begin Water-use permits issued before July 1, 2017, for water use exempted under Minnesota new text end 141.14 new text begin Statutes, section 103G.271, subdivision 1, paragraph (b), clause (3), are canceled effective new text end 141.15 new text begin July 1, 2017. new text end 141.16    Sec. 159. new text begin RULEMAKING; EFFLUENT LIMITATION COMPLIANCE. new text end 141.17 new text begin (a) The commissioner of the Pollution Control Agency shall amend Minnesota Rules, new text end 141.18 new text begin part 7001.0150, subpart 2, item A, by inserting the following: new text end 141.19 new text begin "For a municipality that constructs a publicly owned treatment works facility to comply new text end 141.20 new text begin with a new or modified effluent limitation, compliance with any new or modified effluent new text end 141.21 new text begin limitation adopted after construction begins that would require additional capital investment new text end 141.22 new text begin is required no sooner than 16 years after the date of initiation of operation of the facility." new text end 141.23 new text begin (b) The commissioner may use the good cause exemption under Minnesota Statutes, new text end 141.24 new text begin section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota new text end 141.25 new text begin Statutes, section 14.386, does not apply, except as provided under Minnesota Statutes, new text end 141.26 new text begin section 14.388. new text end 141.27    Sec. 160. new text begin DISPOSITION OF PROCEEDS; ST. LOUIS COUNTY new text end 141.28 new text begin ENVIRONMENTAL TRUST FUND. new text end 141.29 new text begin Notwithstanding Minnesota Statutes, chapter 282, and any other law relating to the new text end 141.30 new text begin disposition of proceeds from the sale of tax-forfeited land, the St. Louis County Board must new text end 142.1 new text begin deposit any money received from the sale of tax-forfeited land purchased by the Fond du new text end 142.2 new text begin Lac Band of Lake Superior Chippewa with money appropriated under Laws 2014, chapter new text end 142.3 new text begin 256, article 1, section 2, subdivision 3, paragraph (a), into an environmental trust fund new text end 142.4 new text begin established by the county. The principal from the sale of the land may not be expended. new text end 142.5 new text begin The county may spend interest earned on the principal only for purposes related to improving new text end 142.6 new text begin natural resources. new text end 142.7 new text begin EFFECTIVE DATE; LOCAL APPROVAL. new text end new text begin This section is effective the day after new text end 142.8 new text begin the St. Louis County Board and its chief clerical officer timely complete their compliance new text end 142.9 new text begin with Minnesota Statutes, section 645.021, subdivisions 2 and 3. new text end 142.10    Sec. 161. new text begin ACTION TO OBTAIN ACCESS PROHIBITED; CLEARWATER new text end 142.11 new text begin COUNTY. new text end 142.12 new text begin Before July 1, 2018, the commissioner of natural resources must not initiate a civil action new text end 142.13 new text begin or otherwise seek to obtain access to land administered by the commissioner via a private new text end 142.14 new text begin road connected to County Road 27, located in Clearwater County, Township 147, Range new text end 142.15 new text begin 32 or Range 33. new text end 142.16 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 142.17    Sec. 162. new text begin REVISOR'S INSTRUCTION. new text end 142.18 new text begin In Minnesota Statutes and Minnesota Rules, the revisor of statutes shall replace all new text end 142.19 new text begin references to Minnesota Statutes, section 115B.39, subdivision 2, paragraph (l), with new text end 142.20 new text begin Minnesota Statutes, section 115B.39, subdivision 2, paragraph (n), and shall make all other new text end 142.21 new text begin necessary changes to preserve the meaning of the text and to conform with the paragraph new text end 142.22 new text begin relettering in this act. new text end 142.23    Sec. 163. new text begin REPEALER. new text end 142.24 new text begin (a) new text end new text begin Minnesota Statutes 2016, sections 84.026, subdivision 3; 97B.031, subdivision 5; new text end 142.25 new text begin 97C.701, subdivisions 1a and 6; 97C.705; 97C.711; and 116C.04, subdivisions 3 and 4, new text end new text begin are new text end 142.26 new text begin repealed. new text end 142.27 new text begin (b) new text end new text begin Minnesota Rules, parts 6258.0100; 6258.0200; 6258.0300; 6258.0400; 6258.0500; new text end 142.28 new text begin 6258.0600; 6258.0700, subparts 1, 4, and 5; 6258.0800; and 6258.0900, new text end new text begin are repealed. new text end " 142.29Delete the title and insert: 142.30"A bill for an act 142.31relating to state government; appropriating money for environment, natural 142.32resources, and tourism purposes; modifying fees; providing for disposition of 143.1certain receipts; modifying grant, contract, and lease provisions; modifying state 143.2park permit requirements; modifying water safety provisions; modifying provisions 143.3to take, possess, and transport wildlife; modifying duties and authority; modifying 143.4Minnesota Naturalist Corps provisions; modifying prescribed burn provisions; 143.5modifying timber sales provisions; providing for certain contested case hearings, 143.6appeals, and reviews; modifying landfill cleanup program; modifying tax-forfeited 143.7land provisions; providing for consumer choice in merchant bags; modifying buffer 143.8requirements; providing for riparian protection aid; modifying the Water Law; 143.9modifying invasive species provisions; modifying off-highway vehicle provisions; 143.10modifying permit and license requirements; modifying Petroleum Tank Release 143.11Cleanup Act; extending ban on open air swine basins; modifying environmental 143.12review; modifying Environmental Quality Board; requiring reports; requiring 143.13rulemaking;amending Minnesota Statutes 2016, sections 84.01, by adding a 143.14subdivision; 84.027, subdivisions 14a, 14b, by adding subdivisions; 84.788, 143.15subdivision 2; 84.793, subdivision 1; 84.8031; 84.82, subdivision 2; 84.925, 143.16subdivision 1; 84.9256, subdivisions 1, 2; 84.946, subdivision 2, by adding a 143.17subdivision; 84.992, subdivisions 3, 4, 5, 6; 84D.03, subdivisions 3, 4; 84D.04, 143.18subdivision 1; 84D.05, subdivision 1; 84D.108, subdivision 2a, by adding 143.19subdivisions; 84D.11, by adding a subdivision; 85.052, subdivision 1; 85.053, 143.20subdivisions 8, 10; 85.054, by adding a subdivision; 85.055, subdivision 1; 85.22, 143.21subdivision 2a; 85.32, subdivision 1; 86B.301, subdivision 2; 86B.313, subdivision 143.221; 86B.701, subdivision 3; 88.01, subdivision 28; 88.523; 89.39; 90.01, subdivisions 143.238, 12, by adding a subdivision; 90.041, subdivision 2; 90.051; 90.101, subdivision 143.242; 90.14; 90.145, subdivision 2; 90.151, subdivision 1; 90.162; 90.252; 93.25, 143.25subdivision 2; 93.47, subdivision 4; 93.481, subdivision 2; 93.50; 94.343, 143.26subdivision 9; 94.344, subdivision 9; 97A.015, subdivisions 39, 43, 45, 52, 53, by 143.27adding a subdivision; 97A.045, subdivision 10; 97A.055, subdivision 2; 97A.075, 143.28subdivision 1; 97A.137, subdivision 5; 97A.201, subdivision 2, by adding a 143.29subdivision; 97A.225, subdivision 8; 97A.301, subdivision 1; 97A.338; 97A.420, 143.30subdivision 1; 97A.421, subdivision 2a; 97A.441, subdivision 1; 97B.031, 143.31subdivision 6; 97B.071; 97B.405; 97B.431; 97B.516; 97B.655, subdivision 1; 143.3297C.315, subdivision 1; 97C.355, subdivision 2a; 97C.401, subdivision 2; 97C.501, 143.33subdivision 1; 97C.515, subdivision 2; 97C.701, by adding a subdivision; 103B.101, 143.34subdivision 12a; 103F.411, subdivision 1; 103F.48, subdivisions 1, 3, 7; 103G.005, 143.35subdivisions 10b, 10h, by adding a subdivision; 103G.222, subdivisions 1, 3; 143.36103G.223; 103G.2242, subdivisions 1, 2; 103G.2372, subdivision 1; 103G.271, 143.37subdivisions 1, 6, 6a, 7, by adding a subdivision; 103G.287, subdivisions 1, 4; 143.38103G.411; 114D.25, by adding a subdivision; 115B.39, subdivision 2; 115B.40, 143.39subdivision 4; 115C.021, subdivision 1, by adding a subdivision; 116.03, 143.40subdivision 2b, by adding subdivisions; 116.07, subdivision 4d, by adding 143.41subdivisions; 116.0714; 116C.03, subdivision 2; 116C.04, subdivision 2; 116D.04, 143.42subdivisions 2a, 10; 116D.045, subdivision 1; 160.06; 168.1295, subdivision 1; 143.43282.018, subdivision 1; 282.04, subdivision 1; 296A.18, subdivision 6a; Laws 143.442000, chapter 486, section 4, as amended; Laws 2013, chapter 114, article 4, section 143.45105; Laws 2015, First Special Session chapter 4, article 4, section 136; Laws 2016, 143.46chapter 189, article 3, sections 6; 26; 46; proposing coding for new law in 143.47Minnesota Statutes, chapters 85; 93; 97B; 115; 115B; 116; 471; 477A; repealing 143.48Minnesota Statutes 2016, sections 84.026, subdivision 3; 97B.031, subdivision 5; 143.4997C.701, subdivisions 1a, 6; 97C.705; 97C.711; 116C.04, subdivisions 3, 4; 143.50Minnesota Rules, parts 6258.0100; 6258.0200; 6258.0300; 6258.0400; 6258.0500; 143.516258.0600; 6258.0700, subparts 1, 4, 5; 6258.0800; 6258.0900." 144.1 We request the adoption of this report and repassage of the bill. 144.2 House Conferees: 144.3 ..... ..... 144.4 Dan Fabian Josh Heintzeman 144.5 ..... ..... 144.6 Chris Swedzinski Mark Uglem 144.7 ..... 144.8 Rob Ecklund 144.9 Senate Conferees: 144.10 ..... ..... 144.11 Bill Ingebrigtsen Carrie Ruud 144.12 ..... ..... 144.13 Torrey N. Westrom Andrew Mathews 144.14 ..... 144.15 David J. Tomassoni